State v. Evans’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict stating distinctly the matter to which the party objects and the grounds of the objection unless the instruction or the failure to give an instruction is clearly erroneous.””

   7 later decisions quote this exact passage · from the majority
   e.g. State v. McCoy · 30 Kan. App. 2d 398 - State v. Frazier

2. ““When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. ( Citation omitted.]” State v. Evans, 270 Kan. 585, 590 , 17 P.3d 340 (2001).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Makthepharak · 31 Kan. App. 2d 278 - State v. Clubb

3. ““In determining whether the defendant is guilty of intentional or unintentional murder in the second degree, you should also consider the lesser offense of voluntary manslaughter. Voluntary manslaughter is an intentional lolling done upon a sudden quarrel or in the heat of passion or upon an unreasonable but honest belief that circumstances existed that justified deadly force in defense of a person. “If you decide the defendant intentionally killed Carol Abufakher, but that it was done upon a sudden quarrel or in the heat of passion or upon an unreasonable but honest belief that circumstances existed that justified deadly force in defense of a person, the defendant may be convicted of voluntaiy manslaughter only. “To establish this charge, each of the following charges must be proved: “1. That the defendant intentionally lulled Carol Abufakher; “2. That it was done upon a sudden quarrel or in the heat of passion or upon an unreasonable but honest belief that circumstances existed that justified deadly force in defense of a person. “3. That this act occurred on or about the 21st day of September, 1999 in Johnson County, Kansas.” (Emphasis added.)”

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