State v. Simmons’s Empirical Analysis

Citation profile

1 district · 63 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" ‘To be convicted as an aider and abettor, “the law requires that the person knowingly associates with the unlawful venture and participates in a way which indicates that such person is furthering the success of the venture.” State v. Hobson, 234 Kan. 133, 138 , 671 P.2d 1365 (1983). Mere association with the principals who actually commit the crime or mere presence in the vicinity of the crime is itself insufficient to establish guilt as an aider and abettor; however, when a person knowingly associates with the unlawful venture and participates in a way which indicates he or she willfully is furthering the success of the venture, such evidence of guilt is sufficient to go to the jury. [Citation omitted.]’ State v. Kaiser, 260 Kan. 235, 242 , 918 P.2d 629 (1996), disapproved on other grounds State v. Gonzalez, 282 Kan. 73 , 145 P.3d 18 (2006).” State v. Simmons, 282 Kan. 728, 738 , 148 P.3d 525 (2006).”

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

2. ““ “When the trial court refuses to give a requested instruction, an appellate court must view the evidence in a light most favorable to the party requesting the instruction. . . . [A]n appellate court cannot consider the requested instruction in isolation. Rather, the court must consider all of the instructions together as a whole. If the instructions as a whole properly and fairly state the law as applied to the facts of the case, and the jury could not reasonably be misled by them, the instructions are not reversible error even if they are in some way erroneous. [Citation omitted.]’ State v. Jackson, 280 Kan. 541, 549-50 , 124 P.3d 460 (2005).””

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

3. ““ ‘no reversible error occurs due to a trial court’s failure to give a cautionary accomplice witness instruction if a witness’ testimony is corroborated by other evidence and the witness’ testimony does not provide the sole basis for a resulting conviction. [Citations omitted.] .... “ ‘Further, a failure to provide the jury with the cautionary accomplice witness instruction ... is not error when the defendant’s guilt is plain or when the jury is cautioned about the weight to be accorded testimonial evidence in other instructions. [Citation omitted.]’ ” Tapia, 295 Kan. at 997 (quoting Simmons, 282 Kan. at 740 ).”

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