State v. Robbins’s Empirical Analysis

Citation profile

49 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 49 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 reason multiplicity must be considered is that it creates the potential for multiple punishments for a single offense in violation of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and section 10 of the Kansas Constitution Bill of Rights.’ ””

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

2. ““Subsection (2)(d) is relevant to some of Robbins’ multiplicity arguments. In determining whether a crime is an ‘included crime’ under K.S.A. 21-3107(2)(d), a two-prong test as described in State v. Fike, 243 Kan. 365, 368 , 757 P.2d 724 (1988) applies. The first step is to detennine whether all of the statutory elements of the lesser crime are among the statutory elements required to prove the greater-crime. If so, then the lesser crime is a lesser included offense of the greater crime. Even if the elements differ, the inquiry is not over. Under the second prong, the court determines whether the factual allegations of the charging document and the evidence required to be adduced at trial to prove those allegations would also necessarily prove the lesser crime. If so, then there is multiplicity. State v. Warren, 252 Kan. 169, 175-81 , 843 P.2d 224 (1992).” 272 Kan. at 172.”

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

3. ““The test concerning whether a single transaction may constitute two separate and distinct offenses is whether the same evidence is required to sustain each charge. If not, the fact that both charges relate to and grow out of the same transaction does not preclude convictions and sentences for both charges. [Citation omitted.] Multiplicity does not depend upon whether the facts proved at trial are actually used to support conviction of both offenses charged; rather, it turns upon whether the elements of proof necessary to prove one crime are also necessary to prove the other. [Citation omitted.]” Vontress, 266 Kan. at 256 .”

   1 later decision quote this exact passage · from the majority
   e.g. 31 Kan. App. 2d 687 - State v. Johnson