State v. Moore’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Kansas has not defined what constitutes threat of bodily harm. Generally, actual fear need not be strictly proven; the law will presume fear if there are adequate indications of the victim's state of mind. 67 Am. Jur.2d, Robbery § 24, p. 79. In U.S. v. Mitchell, 113 F.3d 1528 (10th Cir. 1997), the court held that there was sufficient evidence to prove robbery when Mitchell merely approached the teller's window and said, `This is a holdup.' The court looked to three factors in making its decision: (1) whether the situation appeared dangerous; (2) whether defendant intended to intimidate; and (3) whether the victim's fear of death or injury was reasonable. 113 F.3d at 1531 . "There is no question that Moore intended to intimidate Brown to get her keys; however, there is a question as to whether there was a threat of bodily harm.... "In State v. Bateson, 266 Kan. 238 , 970 P.2d 1000 (1998), the Supreme Court held that it is not robbery when the thief gains peaceable possession of the property and uses no violence except when resisting arrest or escaping. Moore obtained possession of the car keys peaceably and without violence to Brown. There was no resistance by Brown. Under these circumstances, there is no basis for concluding that Moore took Brown's keys by force or by threat of bodily harm; therefore, we cannot affirm Moore's conviction for robbery, and the sentence for that conviction must be vacated. There was, however, sufficient evidence to support the lesser included of”

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

2. “There is no question that Moore intended to intimidate Brown to get her keys; however, there is a question as to whether there was a threat of bodily harm....”

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

3. “Q. Why'd you do that, why did you give him your keys?”

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