State v. Murdock’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" ‘In exercising its discretion, the court must consider the timeliness of the motion, the character of the testimony, and the effect of the granting of the motion. The party moving to reopen should provide a reasonable explanation for failure to present the evidence in its case-in-chief. The evidence proffered should be relevant, admissible, technically adequate, and helpful to the jury in ascertaining the guilt or innocence of the accused. The belated receipt of such testimony should not “imbue the evidence with distorted importance, prejudice the opposing party s case, or preclude an adversary from having an adequate opportunity to meet the additional evidence offered.” [Citation omitted.]’ ” Murdock, 286 Kan. at 672-73 .”

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

2. ““After the jury has retired for deliberation, if they desire to be informed as to any part of the law or evidence arising in the case, they may request the officer to conduct them to the court, where the information on the point of law shall be given, or the evidence shall be read or exhibited to them in the presence of the defendant, unless he voluntarily absents himself, and his counsel and after notice to the prosecuting attorney.””

   2 later decisions quote this exact passage · from the majority
   e.g. 40 Kan. App. 2d 1059 - State v. Johnson · 40 Kan. App. 2d 1146 - State v. Jones

3. ““The defendant is charged with the crime of unlawfully possessing cocaine. The defendant pleads not guilty. To establish this charge, each of the following claims must be proved: “1. That the defendant intentionally possessed cocaine; and “2. That this act occurred on or about the 4th day of December, 2010, in Saline County, Kansas. “Possession means having joint or exclusive control over an item with knowledge of and the intent to have such control or knowingly keeping some item in a place where the person has some measure of access and right of control.””

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