State v. Stafford’s Empirical Analysis

Citation profile

46 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Stafford argues that the trial court erred in its instruction to the jury after the alternate juror was substituted. The court instructed the jury, ‘[Y]ou may now resume your deliberations; and Ms. Tuttle is unable to continue and Ms. Heller is now a member of the jury with a full voice in discussions and a vote on the issues.’ Stafford failed to object to this instruction and thus is barred from raising a claim of error on appeal. In any event, this instruction does not amount to reversible error. Stafford points out that in Haislip, 237 Kan. 469 , the trial court after replacing a juror instructed the jury to begin its deliberations anew; this court stated: ‘This instruction was necessary as a defendant has a right to a verdict reached only after full participation of all the jurors who ultimately return the verdict.’ After replacing a juror, the trial court should instruct the jury to begin its deliberations anew. Though the jury here was instructed to ‘resume’ its deliberations rather than ‘begin anew’ its deliberations, the instruction given by the trial court did inform the jury that the substitute juror was to fully participate in discussions and vote on the verdict. This instruction, while not recommended, does not amount to reversible error, particularly in light of what follows.””

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

2. ““Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except: (d) .... A statement which the judge finds was made ... (3) if the declarant is unavailable as a witness, by the declarant at a time when the matter had been recently perceived by the declarant and while the declarant’s recollection was clear and was made in good faith prior to the commencement of the action and with no incentive to falsify or to distort.””

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

3. ““The Kansas Legislature has indicated when it does not want elements of a crime also used to enhance the sentence for the crime involved. . . . Thus, if the legislature had intended to preclude an aggravating factor relied upon by the jury in recommending the hard 40 sentence from also being relied upon by the trial judge as a factor in imposing sentence or in determining whether sentences imposed should run concurrently or consecutively, the legislature would have so stated.” 255 Kan. at 819 .”

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