State v. High’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘An error of constitutional magnitude is serious and may not be held to be harmless unless the appellate court is willing to declare a belief that it was harmless beyond a reasonable doubt. [Citations omitted.] Thus, before we may declare the error harmless, we must be able to declare beyond a reasonable doubt that the error had little, if any, likelihood of having changed the result of the trial. [Citation omitted.]’ [Citation omitted.]” Crease v. State, 252 Kan. at 334.”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re BMB · State v. Bell

2. ““A confession is not inadmissible merely because the person making it is a juvenile. The age of the juvenile, the length of the question, the juvenile’s eduction, the juvenile’s prior experience with the police, and the juvenile’s mental state are all facts to be considered in determining the voluntariness and admissibility of a juvenile’s confession into evidence.” “An adjudicated juvenile’s request to call his father, prior to interrogation by custodial officers, does not per se constitute an assertion of his right against self-incrimination.” “The constitution and K.S.A. 38-839 afford no right to the presence of anyone other than a lawyer trained to protect the legal rights of those accused. While the presence or absence of a parent or responsible adult during the interrogation of a juvenile suspect may be a factor affecting the voluntariness of a confession, there is no constitutional right to the presence of a parent.” “A juvenile is capable of making an admissible voluntary confession, and there is no constitutional requirement that he have the advice of a parent, guardian or other adult.” “Whether a confession was freely and voluntarily given is based upon a consideration of the totality of the circumstances, and where there is a genuine conflict in the evidence great reliance must be placed upon the finder of fact.””

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

3. ““ “Well, we are all assembled outside the presence of the jury for the purpose of considering an anonymous phone call received in the Court Administrator’s office which I think could be best described as a, a message which purports to tell us that, that one of the jurors, namely Deana Smith has some sort of, apparently, telephonic business contact with persons or I guess she says members of the Gardner family [victim’s family] in a business sense through her employment with the Kansas Building Trades, and we, in discussing it, thought maybe — and I think the word “Fund” is mentioned, and it probably does relate to workmen’s compensation claims that the union, I guess, is processing in one way or another for employees at Gardner Floor.’ ” 260 Kan. at 484 .”

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