State v. Larson’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he crime severity level is not an essential element of driving under the influence. The State’s failure to include a crime severity level in the amended complaint does not render the conviction void. Rather, it restricts die sentence to that appropriate to a B misdemeanor, the lowest crime severity level for the offense of driving under the influence.””

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

2. ““(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. . . . “(g) On the fourth or subsequent 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 $2,500. . . . After the term of imprisonment imposed by the court, the person shall be placed in the custody of the secretary of corrections for a mandatory one-year period of post-release supervision, which such period of postrelease supervision shall not be reduced.””

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

3. “Masterson should have the right to know before trial the severity level of the crime being charged. His right to a jury trial will be affected. [Citation omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. 35 Kan. App. 2d 274 - State v. Moore