State v. Seward’s Empirical Analysis

Citation profile

91 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We emphasize that we believe this case to be exceptional. In the future, a defendant who wishes to appeal on the basis of a constitutional challenge to a sentencing statute must ensure the findings and conclusions by the district judge are sufficient to support appellate argument, by filing of a motion invoking the judge’s duty under Rule 165, if necessary.” 289 Kan. at 721.”

   9 later decisions quote this exact passage · from the majority
   e.g. State v. Garza · State v. Reyna

2. ““(1) The nature of the offense and the character of the offender should be examined with particular regard to the degree of danger present to society; relevant to this inquiry are the facts of the crime, the violent or nonviolent nature of the offense, the extent of culpability for the injury resulting, and the penological purposes of the prescribed punishment; “(2) A comparison of the punishment with punishment imposed in this jurisdiction for more serious offenses, and if among them are found more serious crimes punished less severely than the offense in question the challenged penalty is to that extent suspect; and “(3) A comparison of the penalty with punishments in other jurisdictions for the same offense.” Freeman, 223 Kan. at 367 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Garza · State v. Oehlert

3. “(1) Robison’s “capacity to appreciate the criminality of his conduct or conform his conduct to the requirements of law was substantially impaired. At the times of the offense Mr. Rob-ison was under the influence of drugs and alcohol.” (2) Robison’s age was 33 at the time of the crime. (3) Robison “has no significant criminal history. Other than his prior felony conviction for Indecent Liberties with a Child in 2000 Mr. Robison has had only minor misdemeanor offenses in his past.” (Emphasis added.) (4) Robison “accepted responsibility for his actions and shows general remorse. Mr. Robison chose to.enter a plea in this case and not contest the state[’]s evidence at trial.””

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