State v. Cellier’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. “"The trial court measures the evidence presented by the standard of preponderance of evidence. With a statutory presumption that an accused is sane, State v. Gilder, 223 Kan. 220, 227-28 , 574 P.2d 196 (1977), if follows that there is a presumption a defendant is competent to stand trial. Using this implicit burden of proof and evidentiary standard within the competency statutes we hold that K.S.A. 22-3201 and K.S.A. 22-3202 are not unconstitutional." 263 Kan. at 70 .”

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

2. ““A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless there appears of record objection to the evidence timely interposed and so stated as to make clear the specific ground of objection.””

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

3. “If at all possible, statutes are to be interpreted in a constitutional manner. The only way to constitutionally interpret 22-3301 and 22-3302 is to find that their implicit evidentiary standard is a preponderance of the evidence standard.”

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