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← 262 Kan. 248 - State v. Beerbower

State v. Beerbower’s Empirical Analysis

1997

Citation profile

16
cited by 16 later decisions
1
states following
February 2016
most recently cited

16 state decisions

Relationships

Relies on Brown v. Ohio · Serfass v. United States · Crist v. Bretz · Collins v. Loisel · Bassing v. Cady

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

  1. ““ ‘The double jeopardy clause of the Constitution of the United States protects against (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. Brown v. Ohio, 432 U.S. 161, 165 , 53 L. Ed. 2d 187 , 97 S. Ct. 2221 (1977). The language of .section 10 of the Bill of Rights of the Constitution of Kansas is very similar to the language contained in the Fifth Amendment of the Constitution of tire United States. Both provide in effect that no person shall be twice placed in jeopardy for tire same offense. The language of the Fifth Amendment guarantees no greater protection to an accused than does section 10 of the Bill of Rights of the Constitution of Kansas. Therefore, the three underlying protections contained in the double jeopardy clause of the Constitution of the United States are contained in section 10 of the Bill of Rights of the Kansas Constitution.’ ” State v. Beerbower, 262 Kan. 248, 251 , 936 P.2d 248 (1997) (quoting State v. Freeman, 236 Kan. 274, 280-81 , 689 P.2d 885 [1984]).”
    1 later decision quote this exact passage · from the majority
  2. ““(1) A prosecution is barred if the defendant was formerly prosecuted for the same crime, based upon the same facts, if such former prosecution: (a) Resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction . . .”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.