State v. Cody’s Empirical Analysis

Citation profile

2 federal appellate · 43 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This case presents the issue of whether the district court’s imposition of an upward departure sentence was unconstitutional when Cody pled guilty to criminal charges and the court based its sentence upon Cody’s admissions, not upon facts found beyond a reasonable doubt by a jury. The State argues that ‘the primary facts upon which the departure was based were proven beyond a reasonable doubt by the defendant’s admissions and pleas of guilty to various charges.’ Cody contends, however, that under Apprendi, a plea of guilty to the elements of a criminal offense does not constitute either an admission or a waiver of his due process rights. Cody asserts that ‘the fact that he admitted each of the elements of the offenses is in no way an admission that the sentencing factors used to increase his sentence were proved beyond a reasonable doubt.’ We agree. See Apprendi, 530 U.S. at 476-77, 490; State v. Kneil, 272 Kan. 567 , 35 P.3d 797 (2001), this day decided.””

   1 later decision quote this exact passage · from the majority
   e.g. 30 Kan. App. 2d 1102 - State v. Purcell

2. “Where an act of the legislature or a portion thereof is clearly unconstitutional, it is the duty of the courts to so declare and to hold the unconstitutional provision or provisions null and void. State v. Barrett, 27 Kan. 213 , Syl. ¶ 2 (1882).”

   1 later decision quote this exact passage · from the majority
   e.g. Creecy v. Kansas Dept. of Revenue