State v. Fish’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Fish asserts that although his counsel urged the court to follow the sentencing recommendations in the plea agreement, which the court did, Fish did not waive his right to challenge the trial court’s refusal to modify the sentence. He concedes that State v. Crawford, 250 Kan. 174, 177 , 824 P.2d 951 (1992), controls any claim of abuse of discretion he might have in the original sentence imposed. In Crawford , we held that when a defendant enters into a plea agreement and urges the trial court to impose recommended sentences and the trial court does so, the defendant is deemed to have waived any consideration or application of the sentencing factors of K.S.A. 21-4601 and K.S.A. 21-4606. However, Fish argues that Crawford should not apply to his motion to modify because the trial court received new information in the SR DC evaluation. According to Fish, the trial court abused its discretion in failing to modify the sentence to the minimum.” 252 Kan. at 987 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. O'Connell

2. ““K.S.A. 1992 Supp. 21-4603(4) requires the trial'court to modify a sentence upon the recommendation of the SRDC unless the court finds and sets forth with particularity the reasons for finding that the safety of members of the public will be jeopardized or that the welfare of the inmate will not be served by such modification. Factual situations may arise in plea-bargained cases where a defendant has received the sentence bargained for and the SRDC report recommends modification of sentence or contáins significant new information not previously before the trial court. In such situations, K.S.A. 1992 Supp. 21-4603(4) sháll apply.” 252 Kan. at 988 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Mareska