State v. Boyd’s Empirical Analysis

Citation profile

36 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[1] shall designate the judgment or part thereof appealed from , and [2] shall name the appellate court to which the appeal is taken .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Rocheleau · State v. Garcia-Garcia

2. ““As with die advent of notice pleading, the appellate process was greatly simplified in 1963. It is clear that by die legislative changes in 1963, die legislature intended it to be easier to take an appeal to an appellate court in Kansas. The process was simplified, widi the goal being to afford every criminal defendant at least one appeal. K.S.A. 1999 Supp. 60-2103 was originally drafted, and remains virtually the same today, to only require an appellant to ‘designate the judgment or part thereof appealed from.’ There is no statute or court rule which expressly requires an appellant to set forth all of the errors that will be contested on appeal in the notice of appeal. When the legislature repealed G.S. 1949, 60-3306, and 60-3826 and enacted K.S.A. 60-2103, it was a signal that it was no longer necessary to specify each and every issue to be contested on appeal in the notice of appeal. . . . The notice of appeal should not be overly technical or detailed. The notice of appeal is not a device to alert the parties to all possible arguments on appeal. That is the purpose and function of the docketing statements and briefs filed by the parties. The briefs should list all of the issues to be argued by the parties and should contain the arguments and authorities for each issue. See Supreme Court Rules 6.02 and 6.03 (1999 Kan. Ct. R. Annot. 33, 35). The State does not generally take any significant action when receiving a notice of appeal. The fact that a notice may generally stat”

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

3. ““The notice of appeal is not a device to, alert the parties to all possible arguments on appeal. That is the purpose and function of the docketing statements and briefs filed by tire parties. . . . Whether a party has detailed its arguments in the notice of appeal does not affect the State’s practice or its appellate strategy.””

   1 later decision quote this exact passage · from the majority
   e.g. 51 Kan. App. 2d 1066 - State v. Meyer