State v. Harris’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘When reviewing an allegation of prosecutorial misconduct, an appellate court applies a two-step analysis to determine whether a prosecutor’s comments have denied a defendant his or her constitutional right to a fair trial. First, the court must determine whether the remarks were outside the considerable latitude that the prosecutor is allowed in commenting on the evidence. Second, the court must decide whether the comments were so gross and flagrant as to prejudice the juiy against the defendant and deny him or her a fair trial, thereby constituting plain error requiring reversal.” State v. Harris, 279 Kan. 163, 173 , 105 P.3d 1258 (2005).”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Corbett · State v. Wilson

2. “'(1) the accused's mental condition; (2) the duration and manner of the interrogation; (3) the ability of the accused on request to communicate with the outside world; (4) the accused's age, intellect, and background; (5) the fairness of the officers in conducting the interrogation; and (6) the accused's fluency with the English language. [Citations omitted.] .... " ' "[T]hese factors are not to be weighed against one another ..., with those favorable to a free and voluntary confession offsetting those tending to the contrary. Instead, the situation surrounding the giving of a confession may dissipate the import of an individual factor that might otherwise have a coercive effect. [Citation omitted.] Even after analyzing such dilution, if any, a single factor or a combination of factors considered together may inevitably lead to a conclusion that under the totality of circumstances a suspect's will was overborne and the confession was not therefore a free and voluntary act.”

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

3. ““This court looks at tire totality of the circumstances to determine whether cumulative errors have substantially prejudiced a defendant and denied his or her right to a fair trial. However, if the evidence is overwhelmingly against the defendant, no prejudicial error may be found on the cumulative effect rule. [Citation omitted.]” State v. Harris, 279 Kan. 163, 176-77 , 105 P.3d 1258 (2005).”

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