State v. Masterson’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““because different crime classifications are now specified in the statute, a defendant is entitled under due process to notice in the information or complaint of the severity level of the DUI offense being charged, i.e., class A or B misdemeanor or nonperson felony. “K.S.A. 22-3201(c) (effective in 1993) provides: “When relevant, the complaint, information or indictment shall also allege facts sufficient to constitute a crime or specific crime subcategoiyin the crime seriousness scale.’ “. . . Masterson should have the right to know before trial the severity level of the crime being charged.” (Emphasis added.) 261 Kan. at 163-64 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 31 Kan. App. 2d 794 - State v. Seems · 34 Kan. App. 2d 526 - State v. Moody

2. ““(a) No person shall operate or attempt to operate any vehicle within this state while: (1) The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (f) of K.S.A. 8-1013, and amendments thereto, is .08 or more; (2) the alcohol concentration in the person’s blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more; [or] (3) under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle; “(d) Upon a first conviction of a violation of this section, a person shall be guilty of a class B, nonperson misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months’ imprisonment, or in the court’s discretion 100 hours of public service, and fined not less than $500 nor more than $1,000. . . .” “(e) On a second conviction of a violation of this section, a person shall be guilty of a class A, nonperson misdemeanor and sentenced to not less than 90 days nor more than one year’s imprisonment and fined not less than $1,000 nor more than $1,500. . . .” “(f) 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 and fined not less than $1,500 nor more than $2,500.””

   1 later decision quote this exact passage · from the majority
   e.g. 31 Kan. App. 2d 794 - State v. Seems

3. ““In 1993, the legislature amended K.S.A. 8-1567(d), (e), and (f), adding to the prescribed penalties for first, second, and third DUI’s the crime classifications of class B nonperson misdemeanor for a first offense, class A nonperson misdemeanor for a second offense, and severity level 9 nonperson felony for a third offense. L. 1993, ch. 259, § 8. Before the amendment, all DUI’s were misdemeanors of the same class. The sentencing options would depend on whether the DUI was a first, second, or third conviction. In 1994, the legislature amended subsection (f), deleting ‘severity level 9’ and leaving the classification as ‘nonperson felony’ for a third offense. L. 1994, ch. 291, § 2. Under subsections (d), (e), and (f) of K.S.A. 1995 Supp. 8-1567, not only are the penalties for first, second, and third offenses prescribed, but the classifications of A or B misdemeanor or nonperson felony are also listed, according to the number of offenses.””

   1 later decision quote this exact passage · from the majority
   e.g. City of Dodge City v. Wetzel