State v. Starr’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Premeditated and felony murder are not separate and distinct offenses but are two separate theories under which the crime of first-degree murder may be committed. The amendment at the close of the State's case charging the defendant under the alternative theory of first-degree premeditated murder when the defendant had been charged with felony murder did not charge an additional or different crime." State v. Starr, 259 Kan. 713, 720 , 915 P.2d 72 (1996).”

   2 later decisions quote this exact passage · from the majority
   e.g. 44 Kan. App. 2d 830 - State v. Calderon-Aparicio · State v. CALDERON-APARICIO

2. ““The entire defense to the charge of murder at trial was one of alibi. On cross-examination, the defendant, consistent with his defense, attacked the credibility of the State’s witnesses placing him at the scene. Under these circumstances, we perceive no prejudice flowing from the amendment at the close of the State’s case. “Moreover, the State’s amendment to proceed on the theory of premeditated murder created no unusual surprise for the defendant. Originally, die defendant was charged under both theories, and only immediately prior to trial was the premeditated murder theoiy dismissed. Under the circumstances, the defendant should have been prepared to defend against both theories. “Finally, the theoiy of felony murder reheves the State of the burden of proving premeditation and malice. [Citations omitted.] Instead, these elements are established through proof of the collateral felony. [Citation omitted.] Absent this theory, the State must prove premeditation. The amendment at the close of the State's case to include the alternate theory of first-degree premeditated murder had the effect of creating a greater burden on the State by requiring the State to prove intent and premeditation.” 259 Kan. at 720-21 .”

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

3. ““Nonbase sentences will not have criminal history scores applied, as calculated in the criminal history I column of die grid, but base sentences will have the full criminal history score assigned. In the event a conviction designated as the primary crime in a multiple conviction case is reversed on appeal, the appellate court shall remand the multiple conviction case for resentencing. Upon resentencing, if the case remains a multiple conviction case the court shall follow all of the provisions of this section concerning the sentencing of multiple conviction cases." (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 34 Kan. App. 2d 511 - State v. Montgomery