State v. Duke’s Empirical Analysis

Citation profile

78 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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In criminal trials, the prosecution is given wide latitude in language and in manner or presentation of closing argument as long as it is consistent with the evidence adduced. Improper remarks made by the prosecutor in closing argument are grounds for reversal only when they are so gross and flagrant as to prejudice the jury against the defendant and to deny the defendant a fair trial. State v. Green, 254 Kan. 669, 685 , 867 P.2d 366 (1994).”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Spresser · State v. Baacke

2. “"In closing argument to the jury, the prosecutor should not use statements calculated to inflame the passions or prejudices of the jury. The prosecutor should refrain from argument which would divert the jury from its duty to decide the case on the evidence by injecting issues broader than the guilt or innocence of the accused under the controlling law or by making predictions of the consequences of the jury's verdict. State v. Kelley, 209 Kan. 699, 704 , 498 P.2d 87 (1972). In closing argument, an attorney may indulge in impassioned bursts of oratory or may use picturesque language as long as he or she introduces no facts not disclosed by the evidence. State v. Majors, 182 Kan. 644, 648 , 323 P.2d 917 (1958). "In summing up a case before a jury, the prosecutor may not introduce or comment on the facts outside the evidence, but reasonable inferences may be drawn from the evidence and considerable latitude is allowed in discussing it. State v. Zamora, 247 Kan. 684, 687-88 , 803 P.2d 568 (1990). Counsel may appeal to the jury with all the power and persuasiveness his or her learning, skill, and experience enable counsel to use State v. Baker, 219 Kan. 854 , Syl. ¶ 9, 549 P.2d 911 (1976)."”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Spresser · 20 Kan. App. 2d 973 - State v. Eastridge

3. ““Our statement in Willis should be modified as follows: We adopt the instruction to be used in: (1) Willis’ retrial, (2) hard 40 sentencing cases after the date of this opinion, and (3) all cases on appeal as of the date of this opinion in which vagueness of a 21-4625(6) sentencing instruction has been asserted in the trial court and as an issue on appeal.’ 254 Kan. at 130 .” 256 Kan. at 717.”

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