State v. Barksdale’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) Two or more crimes may be charged against a defendant in the same complaint, information or indictment in a separate count for each crime if the crimes charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.””

   5 later decisions quote this exact passage · from the majority
   e.g. State v. Dreiling · State v. Smith

2. ““ ‘The admission of photographs in a homicide case is a matter within the trial court’s discretion, and the court’s ruling will not be disturbed on appeal absent a showing of abuse of that discretion. State v. Reed, 256 Kan. 547, 557 , 886 P.2d 854 (1994). While photographs which are unduly repetitious, gruesome, and without probative value should not be admitted into evidence, demonstrative photographs are not inadmissible merely because they are gruesome and shocking where they are true reproductions of relevant physical facts and material conditions at issue. 256 Kan. at 557 . “ “We have held that special care should be taken in admitting photographs taken after a pathologist has intervened in order that the evidence not be more gruesome than necessary. See State v. Prouse, 244 Kan. 292 , Syl. ¶ 1, 767 P.2d 1308 (1989). In State v. Boyd, 216 Kan. 373, 377-78 , 532 P.2d 1064 (1975), we held that the trial court abused its discretion in admitting a photograph of the victim ‘laid out like a disemboweled beef in a packing plant,’ where such a photograph was repetitious and cause of death was not in dispute. However, it is well settled that photographs which serve to illustrate the nature or extent of the wounds inflicted are admissible when they corroborate the testimony of witnesses or are relevant to the testimony of a pathologist as to the cause of death. State v. Spears, 246 Kan. 283, 286 , 788 P.2d 261 (1990).’ State v. Carr, 265 Kan. 608, 623 , 963 P.2d 421 (1998).””

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

3. ““Kansas has no statute comparable to 18 U.S.C. § 201 (c)(2) (1994). While the defendant is free to argue that such a statute should be adopted, there is no constitutional prohibition against the testimony of a witness who receives benefits in exchange for testimony.” 266 Kan. at 515 .”

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