State v. Dotson’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although evidence of prior crimes and other civil wrongs is inadmissible to prove a person’s propensity to commit crime, thereby implying that he or she committed the crime at issue, K.S.A. 60-455 allows the admission of such evidence when that evidence is relevant to prove some other material fact, including motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Before evidence of prior crimes may be admitted pursuant to K.S.A. GO-455, three requirements must be met. ‘First, the evidence must be relevant to prove one of the facts specified in the statute. Second, the fact must be a disputed, material fact. Third, the probative value of the evidence must outweigh its potential prejudice.’ [Citation omitted.]””

   2 later decisions quote this exact passage · from the majority
   e.g. 21 Kan. App. 2d 956 - State v. Prosper · 37 Kan. App. 2d 779 - State v. Dayhuff

2. ““[A]ddressing the sentencing factors, first of all the defendant’s history of prior criminal activity. In this case, the defendant does have a prior record; it’s a significant one. The record shows that Mr. Hill has the previous conviction for aggravated robbery in Wichita in 1988, that would be a person felony offense; and he also has the conviction for attempted aggravated robbery, also in Wichita in 1988, that also is a person felony offense. Only those two convictions, but, of course, they are very serious matters, and they involve previous crimes against the person. The Court finds that the defendant caused extensive, massive harm by his criminal conduct in this case, and that the defendant intended that his criminal conduct would cause or threaten that harm. The amount of harm caused to the victims in this case you really can’t even elaborate on. I mean, we’re talking about charges of rape, aggravated robbery, aggravated kidnapping. I’m sure the events surrounding this case will stay with the victims for as long as they live. The Court finds that, of course, the defendant was not provoked to commit these crimes in any way, and that there are no substantial grounds tending to excuse or justify the defendant’s criminal conduct. The Court finds, of course, that the victims did not induce or facilitate these crimes in any manner. And the Court also finds that the defendant has not been able to financially compensate or reimburse the victims for any of these crimes, and ther”

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

3. ““It is the sentencing judge alone who uses his or her discretion to determine the appropriate sentence or other disposition of the case. The sentencing judge determines the sentence by exercising his or her best judgment, common sense, and judicial discretion after considering all of the reports, the defendant’s background, the facts of the case, the public safety, and the statutory guidelines for sentencing. State v. McDonald, 250 Kan. 73, 82 , 824 P.2d 941 (1992). “The statutory factors which the judge shall take into consideration in determining the penalty to be imposed are enumerated in K.S.A. 21-4606. Where the sentence exceeds the minimum, the legislature intended that the sentencing judge place on the record a detailed statement of facts and factors the judge considered. Failure to do so does not always indicate the sentencing court abused its discretion. Each ease is to be considered on its facts. See State v. McDonald, 250 Kan. at 82-83. “Although the appellate courts have upheld sentences where the factors considered by the sentencing judge are not specifically enumerated, tire appellate courts have repeatedly stated the better practice is for a trial judge to make a detailed record of the facts and factors considered in imposing sentence. See, e.g., State v. Crispin, 234 Kan. 104, 113 , 671 P.2d 502 (1983). A sentencing court may be found to have substantially complied with K.S.A. 21-4606 when it incorporates into the record a presentence report which addresses th”

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