State v. Collins’s Empirical Analysis

Citation profile

26 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The language of the attempt statute, K.S.A. [1994] Supp. 21-3301(a), requires that a person possess the specific intent to commit the crime. Therefore, to establish the crime of attempted involuntary manslaughter the person would be required to specifically intend to commit an unintentional crime. This is a logical impossibility. . . . We conclude that Kansas does not recognize the crime of attempted involuntary manslaughter.” (Emphasis added.) 257 Kan. at 419 .”

   4 later decisions quote this exact passage · from the majority
   e.g. 56 Kan. App. 2d 140 - State v. Collins · State v. Gentry

2. “Collins confuses the issue by arguing that he intentionally acted in self-defense but that he did not intend to use excessive force in defending himself. Collins’ argument improperly assigns the object of his attempt as the use of unnecessary force rather than his act of self-defense. Contrary to Collins’ assertion, the attempt statute requires that a person have the specific intent to commit the crime charged. Regardless of whether Collins intentionally acted in self-defense, he could not have intended to commit an unintentional killing, or involuntary manslaughter. Had the jury concluded that Collins was justified in using self-defense, but that his use of force exceeded that necessary to defend himself against [the victim’s] imminent use of unlawful force, it would have found Collins guilty of [assault]; as instructed. The language of the attempt statute requires that a person possess the specific intent to commit the crime. Therefore, to establish the crime of attempted involuntary manslaughter the person would be required to specifically intend to commit an unintentional crime. This is a logical impossibility. Although it is possible for an actor to use excessive force in self-defense, the actor cannot unintentionally act in self-defense. We conclude that Kansas does not recognize the crime of attempted involuntary manslaughter.”

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

3. “Although a defendant has a right to self-representation, that right is unqualified only if it is asserted before trial. If this right is asserted after trial commences, a decision to grant or deny self-representation lies within the sound discretion of the trial judge.”

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