State v. Snow’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. ““After the jury returned its verdict, the district court held a separate sentencing hearing for the jury to determine the existence of aggravating factors that could enhance Snow’s sentence. The jury found beyond a reasonable doubt that Snow was not amenable to probation, posed a significant risk to the community, would more likely than not reoffend, and posed a risk of harm to the fact witnesses against him. “At sentencing, the district court used one of Snow’s nonresidential burglary convictions, a severity level 7 felony, as the primary crime for calculating Snow’s sentence. Based on Snow’s criminal history score of E, the district court determined that Snow’s presumptive sentence for nonresidential burglary was probation. However, the district court noted that Snow was on probation when he committed the crimes in this case and applied the special rule in K.S.A. 2005 Supp. 21-4603d(f), which permits the district court to impose a prison sentence in a presumptive probation case without a dispositional departure when the crime was committed while the defendant was on probation. The district court then granted the State’s motion for a durational departure, relying primarily on Snow’s lack of amenability to probation as justification. The district judge issued Snow’s sentence, stating: T will adopt a sentence on the underlying Count One, burglary charge, of 23 months, which is the maximum [presumptive] sentence allowed. The Court will make the remainder of the sentences the ag”

   1 later decision quote this exact passage · from the majority
   e.g. 40 Kan. App. 2d 747 - State v. Snow

2. “Members of the jury, there may be some of you who are sitting there thinking, why have we given two days to listen to this evidence? And the answer is simply this: Everyone who’s charged with a crime in this country has an absolute right to a jury trial if that’s what they demand. The defendant has indicated he wants a jury trial, and now he’s had it. Despite the amount of evidence that might be there against them, if he wants it, I have to put it on, and we’ve done that.”

   1 later decision quote this exact passage · from the majority
   e.g. Bruce Ryan v. State of Indiana

3. ““[D]efendants, like Snow, for whom a statute is constitutionally applied cannot challenge the constitutionality of the statute on the grounds that the statute may conceivably be applied unconstitutionally in circumstances other than those before the court.” 282 Kan. at 343 .”

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