State v. Garcia’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Multiplicity is the charging of a single offense in several counts of a complaint or information. The primary concern with multiplicity is that it creates the potential for multiple punishments for a single offense. [Citation omitted.] Such multiple punishments are prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and § 10 of the Kansas Constitution Bill of Rights. [Citations omitted.]’ ” State v. Schuette, 273 Kan. 593, 600 , 44 P.3d 459 (2002) (quoting State v. Garcia, 272 Kan. 140, 143-44 , 32 P.3d 188 [2001]).”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Schuette · 31 Kan. App. 2d 1123 - State v. Campbell

2. ““It should be noted that in 1998, the Kansas Legislature amended K.S.A. 21-3107 to essentially remove the former K.S.A. 21-3107(2)(d). See L. 1998, ch. 185, § 1. In its place, the legislature inserted a new version, K.S.A. 2000 Supp. 21-3107(2)(b), which provides that an included crime is one where ‘all of the elements of the lesser crime are identical to some of the elements of the crime charged.’ This will necessarily change the multiplicity analysis for cases which occur under the new statute and signifies a return to the identity of the elements standard that this court used prior to the enactment of K.S.A. 21-3107. Such a change, while allowing convictions for crimes which would have been multiplicitous under the statute at issue here, does not violate constitutional prohibitions against double jeopardy as it does not subject defendants to punishments greater than those intended by the legislature. [Citation omitted.]” (Emphasis added.) Garcia, 272 Kan. at 147 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Groves · State v. McKissack

3. ““[U]nder Kansas law, crimes are multiplicitous where: (1) the crimes merge, that is, they constitute a single wrongful act, and the same evidence is required to prove both crimes; but if each offense requires proof of a fact not required in proving the other, the offenses do not merge; and (2) one offense is an included offense of the other as provided under K.S.A. 21-3107(2). As a result, the defendant’s convictions must be analyzed not only under the traditional elements test as set forth in [State v. Garnes, 229 Kan. 368, 372-73 , 624 P.2d 448 (1981),] but also under the legislative test for determining whether one offense is an included offense of the other.” State v. Garcia, 272 Kan. 140, 145 , 32 P.3d 188 (2001).”

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