State v. Finley’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We find the actions of the prosecutor troubling. It was certainly appropriate for a prosecutor to bring to the attention of the court that prospective witnesses may unknowingly incriminate themselves and should be advised of their rights before testifying. However, once the witness had been advised by the court, the prosecution had fulfilled its duty to the court and the witness. In this case, as demonstrated by the above record, the prosecutor was not satisfied with the court's full explanation to the witness of her rights. Instead, at each opportunity the prosecutor sought to supply additional reasons to the witness why she should not testify. Finally, the prosecutor agreed with the court's somewhat ambiguous statement indicating that the prosecution intended to file a charge of felony murder if the witness testified in the defendant's trial." 268 Kan. at 567.”

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

2. “'You know, they say all the time that our police department enforces our laws in this county, that's not true. It's you guys. We have people in Topeka that make our laws, we have people in my office that prosecute them, but you all have the job of enforcing them. You all can find that he committed these crimes and hold him responsible for them. We cannot tolerate this kind of drug use in our community, especially when a person dies. You have to find him guilty. Thank you.'”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Buck-Schrag · State v. Adams

3. ““Where a defendant claims that the State, by its conduct, has denied him or her the right to present evidence in defense by interfering with a material defense witness, die question is wliedier there was substantial government interference with a defense witness’ free and unhampered choice to testify. The burden is upon the defendant to establish diat die actions of die State or die court exerted such duress on the witness’ mind as to preclude him or her from making a free and voluntary choice wliedier to testify.””

   1 later decision quote this exact passage · from the majority
   e.g. 27 Kan. App. 2d 930 - State v. Star