State v. Sexton’s Empirical Analysis

Citation profile

2 district · 57 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ 'Improper remarks made in closing argument are grounds for reversal only when they are so gross and flagrant as to prejudice the jury against the defendant and deny him a fair trial. [Citation omitted.] The prosecutor is entitled to considerable latitude in arguing the case to a jury. There is no prejudicial error where the questionable statements of a prosecuting attorney are provoked and made in response to previous arguments or statements of defense counsel. [Citation omitted.] Since Kansas does not follow the “plain error” rule used in federal courts, .reversible error cannot be predicated upon a complaint of misconduct of counsel during closing argument where no contemporaneous objection is lodged. [Citation omitted J Remarks made by the prosecutor in closing argument are harmless error if the court finds that the error had little likelihood of changing the result of the trial.’ [Citation omitted.]" State v. Sexton, 256 Kan. 344, 363 , 886 P.2d 811 (1994).”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Foster · 25 Kan. App. 2d 519 - State v. Mosley

2. ““Subject to certain exclusionary rules, the ‘[ajdmissibility of physical evidence is within the sound discretion of the court and is to be determined by the court on the basis of its relevance and its connection with the accused and the crime charged.’ State v. Beard, 220 Kan. 580 , Syl. ¶ 3, 552 P.2d 900 (1976). In State v. Ji, 251 Kan. at 15, we said: ‘[Wjhen a physical object is offered into evidence and a question arises as to its connection with either the defendant or the crime charged, unless it is clearly irrelevant, the object should be admitted for such weight and effect as the jury sees fit to give it.’ ””

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

3. ““Evidence may now be admitted concerning a crime or a civil wrong other than the present crimes charged. This evidence may be considered by you solely for the purpose of proving the defendant’s intent or motive.””

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