27 Kan. App. 2d 858 - State v. Lutter’s Empirical Analysis

Citation profile

2 district · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although Train had his gun out, no evidence was presented that indicates that he was about to use unlawful force. Lutter knew that Train was a uniformed sheriff s deputy. He was running away when Train gave chase and told him that he was under arrest. Though Lutter claims he feared for his life and shot first to defend himself against perceived imminent, unlawful aggression, his testimony discloses otherwise. Lutter admits he shot to scare the deputy so that he could escape. In addition, under these circumstances, no reasonable person in Lutter’s circumstances would believe it necessary to shoot Deputy Train to defend himself from imminent use of unlawful force.” Lutter, 27 Kan. App. 2d at 861 .”

   1 later decision quote this exact passage
   e.g. State v. Moore

2. ““A person is justified in the use of force against an aggressor when and to the extent it appears to him and he reasonably believes that such conduct is necessary to defend himself or another against such aggressor’s imminent use of unlawful force.””

   1 later decision quote this exact passage
   e.g. 32 Kan. App. 2d 798 - City of Wichita v. Cook