State v. Edwards’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that an issue neither briefed nor argued on appeal is deemed to have been abandoned. State v. Pratt, 255 Kan. 767, Syl. ¶ 4[, 876 P.2d 1390 (1994)]; State v. Wacker, 253 Kan. 664, 670 , 861 P.2d 1272 (1993); State v. Mims, 222 Kan. 335 , 564 P.2d 531 (1977). In such circumstances, nonaction is considered to constitute abandonment. Here, more than nonaction is involved — defendant took specific action to withdraw the issue from consideration. Defendant did not want the issue determined because of possible adverse ramifications of being successful on this claim of error. Does withdrawal of an issue equate to saving it for later? We think not. We conclude that the withdrawal of the claim of error from consideration in the direct appeal constitutes abandonment of the claim of error. The withdrawn claim of error cannot be the basis for a second appeal.” 260 Kan. at 98 .”

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

2. “It is well settled that an issue neither briefed nor argued on appeal is deemed to have been abandoned. In such circumstances, nonaction is considered to constitute abandonment. [Citations omitted.]”

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