26 Kan. App. 2d 272 - State v. Smith’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Further, the plain language of K.S.A. 21-3705 [the statute requires mandatory jail time increasing with each subsequent conviction] does not authorize the district court to modify a sentence but merely stated a defendant must serve the mandatory jail time before he or she is eligible for probation, suspension or reduction of his sentence, or parole. Here, defendants’ underlying sentences were imposed before each defendant served the mandatory jail time. After defendants’ probations were revoked, each defendant was required to serve the underlying sentence which was not subject to modification. The district court does not have jurisdiction to modify a sentence once imposed under the KSGA.” Smith, 26 Kan. App. 2d at 273-74 .”

   2 later decisions quote this exact passage
   e.g. State v. Anthony · State v. McGill

2. ““On the third conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year’s imprisonment . . . . The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days’ imprisonment.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. State v. Anthony

3. ““When enacting the Kansas Sentencing Guidelines Act (KSGA), the legislature deliberately ehminated the district court’s authority to modify a sentence. [Citations omitted.] “When a lawful sentence has been imposed under [the] KSGA, the sentencing court has no jurisdiction to modify that sentence except to correct “arithmetic or clerical errors” pursuant to K.S.A. 21-4721(i).’ ””

   1 later decision quote this exact passage
   e.g. 29 Kan. App. 2d 905 - State v. Whitesell