State v. Stephens’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he first three are matters that are . . . clearly in this case, in terms of the seriousness of the offense, whether or not violence was used, and whether it was a person offense . . . those are clearly factors which, from what’s before me, are in concert with the presumption that exists. Let me address, for a moment, the issues of factors four and five regarding previous offenses and unadjudicatedpending offenses. I find that, with regard to Shawndell Mays, that there are none. . . . With regard to the issue of sophistication, as I have read the cases that have addressed that particular factor, they have to do with whether or not the individual is less or more sophisticated than a person his age. And . . . I’m not convinced that any of them are, in level of sophistication, different from people who are generally of their . . . respective ages. With regard to issue number seven, I suppose that’s what I’ve heard most of the evidence about; and I’ve heard lots of evidence about what’s available, and what has been done, and what hasn’t been done. But the factor, as set forth in the statute, that I’m to consider is whether there are facilities or programs available to tire court which are likely to rehabilitate the respondent prior to the expiration of the court’s jurisdiction under this code; and I have absolutely no evidence, a dearth of evidence on that issue as to tire likelihood of rehabilitation. There ... is no evidence. I’m not suggesting that there . . . could have be”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Mays · State v. Medrano

2. ““The district court was required to consider the eight factors set forth in K.S.A. 38-1636(e). The court was not required to make adverse findings on each of tire eight factors. The insufficiency of the evidence concerning one or more factors listed in K.S.A. 38-1636(e) is not determinative. State v. Claiborne, 262 Kan. 416 , Syl. ¶ 2, 940 P.2d 27 (1997). The legislature rejected a numerical quantification of factors when it said: ‘The insufficiency of evidence pertaining to any one or more of the factors listed in this subsection shall not in and of itself be determinative of the issue.’ K.S.A. 38-1636(e). The question then is not whether a finding of four factors was enough, but whether there was substantial evidence to support the district court’s conclusion that Stephens should be tried as an adult. “Today, a juvenile aged 14 or more who is charged with an off-grid offense is presumed to be an adult. K.S.A. 1998 Supp. 38-1636(a).” 266 Kan. at 892.”

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

3. ““ ‘There’s a strong interest in this community to be able to feel safe and if nowhere else certainly in your own home. There’s a strong interest in this community that juveniles should be held accountable for their actions, and when juveniles who have the necessary intellect make adult decisions they should receive adult consequences. I see both of the Respondents in this matter had a choice back in November as to what it is they wanted to do.’ ” Stephens, 266 Kan. at 891 .”

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