State v. Leitner’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Except as in this article otherwise provided, the judge may in his or her discretion exclude evidence if he or she finds that its probative value is substantially outweighed by the risk that its admission will unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.” “While K.S.A. 60-445 only refers to the element of surprise, as a rule of necessity the trial judge may exclude any evidence which may unfairly prejudice the jury. [Citation omitted.] Where the probative value is substantially outweighed by the risk of unfair prejudice, even relevant evidence may be excluded by the judge. [Citation omitted.]” Leitner, 272 Kan. at 415 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Satchell · State v. Abu-Fakher

2. “no probative value.” Id. The court also concluded that the witchcraft evidence did not impeach the defendant. Id. at 56 . Id. at 55. The Slate maintained that Leitner had "opened the door,” by testifying that her husband had beaten her for no reason, because (argued the State) the real reason he had beaten her was that she had gotten involved with witchcraft and attended a Wicca ceremony. Id. at 52. . Id. at 55, 56. . Id. at 56. . Id. at 57. Leitner testified that she tried to kill her husband two times during their marriage — once by putting rat poison in his coffee, and once by putting what she thought were poison mushrooms in his omelette. Id. at 47. She told various people that she and her boys would be better off financially if her ex-husband were dead; and she admitted to shooting him in the head three times, at close range, using two different guns. Id. at 56. Hence the Kansas Supreme Court concluded that "overwhelming evidence contradicts Leitner’s stoiy of self-defense.” Id. at 57. . In Dawson, the Supreme Court observed that "on the present record one is left with the feeling that the Aryan Brotherhood evidence was employed simply because the jury would find these beliefs morally reprehensible.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Dunkle v. State

3. “As to the possible prejudice generated, the idea of witchcraft has generated terror and contempt throughout American history. Before this country was formed, the first laws of the Massachusetts Bay Colony listed idolatry and witchcraft among capital offenses. Even in our culture today, satanic imagery associated with witchcraft continues____ It seems evident that our culture associates witchcraft with Satanic worship and other evil practices. Any mention of a defendant’s involvement with witchcraft is highly prejudicial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Kelley v. Abdo