State v. Kaiser’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant filed a motion for a new trial based on the affidavit of one of the jurors, Eugenia Tunley. Tunley’s affidavit stated that during jury deliberation she expressed her opinion to the other jurors that the defendant was not guilty of the charges. She stated that the other jurors made various statements as to her age (she was a teenager) and their desires to end the case quickly because of the upcoming holidays. Tunley’s affidavit also stated that she was told by the jurors ‘the majority rules’ and that she had to change her position and could not state to the judge that it was not her verdict when the jury was polled. Tunley stated that as 5 p.m. on the last day of deliberations and the Christmas holiday grew nearer, she was pressured to change her vote so the other jurors would not have to return. Tunley stated that she voted guilty against her belief because of the pressure and coercion of the other jurors. Tunley stated that she subsequently felt bad about her vote and informed the defendant and his attorney of the pressure which resulted in changing her vote to guilty. “The defendant contended that Tunley’s verdict of guilty was the product of coercion by other jurors, and he filed a motion requesting that the trial court grant a new trial or recall the jurors for a hearing. The court refused to conduct an evidentiaiy hearing or recall the jurors because the claimed error delved impermissibly into the mental process of the jurors, K.S.A. 60-441, and Tunley had”

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

2. ““To [show guilt of one who aids and abets,] ‘the law requires that the person knowingly associates with the unlawful venture and participates in a way which indicates that such person is furthering the success of the venture.’ State v. Hob son, 234 Kan. 133, 138 , 671 P.2d 1365 (1983). Mere association with the principals who actually commit the crime or mere presence in the vicinity of the crime is itself insufficient to establish guilt as an aider and abettor; however, when a person knowingly associates with the unlawful venture and participates in a way which indicates he or she willfully is furthering the success of the venture, such evidence of guilt is sufficient to go to the jury. State v. Dunn, 243 Kan. 414, 429 , 758 P.2d 718 (1988).” Kaiser, 260 Kan. at 242 .”

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

3. ““The procedure to question the validity of a jury verdict is statutory. K.S.A. 60-444(a) states that a juror is not exempt ‘from testifying as a witness to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict . . ., except as expressly limited by K.S.A. 60-441.’ K.S.A. 60-441 prohibits testimony concerning the mental processes of the jury: ‘Upon an inquiry as to the validity of a verdict ... no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him or her to assent to or dissent from the verdict ... or concerning the mental processes by which it was determined.’ ” Kaiser, 260 Kan. 235 , Syl. ¶ 4.”

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