State v. Becker’s Empirical Analysis

Citation profile

62 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. ““In an alternative means case, where a single offense may be committed in more than one way, there must be jury unanimity as to guilt for the single crime charged. Unanimity is not required, however, as to the means by which the crime was committed so long as substantial evidence supports each alternative means. [Citations omitted.] In reviewing an alternative means case, the court must determine whether a rational trier of fact could have found each means of committing the crime proved beyond a reasonable doubt. [Citations omitted.] ‘ “In multiple acts cases, on the other hand, several acts are alleged and any one of them could constitute the crime charged. In these cases, the jury must be unanimous as to which act or incident constitutes the crime. To ensure jury unanimity in multiple acts cases, we require that either the State elect the particular criminal act upon which it will rely for conviction, or that the trial court instruct the jury that all of them must agree that the same underlying criminal act has been proved beyond a reasonable doubt. [Citations omitted.]” ’ ” State v. Becker, 290 Kan. 842, 854-55 , 235 P.3d 424 (2010).”

   2 later decisions quote this exact passage · from the majority
   e.g. 45 Kan. App. 2d 372 - State v. Reed · State v. Bailey

2. ““Count X alleged Charles deprived [the victim] of property of a value of less than $1,000. At trial, [the victim] testified that the approximate value of herpurse and its contents was about $1,280, which included the replacement value of tilings. She further testified that the actual value of tilings may have been a little less. Viewed in the light most favorable to the State and presuming the jury followed die jury instructions, a rational jury could have found tíiat [die victim’s] purse, $100 in cash, billfold with book of checks, cell phone, cell phone charger, prescription glasses, botde of perfume, makeup, driver’s license, house key, key fob, keyless entry to car, three gift cards, Social Security card, father’s Social Security card, medical cards, car insurance card, and eight credit cards were less than $1,000 in value. Thus, a rational factfinder could have found Charles guilty beyond a reasonable doubt of misdemeanor theft with regard to Count X. “Count XVIII alleged Charles deprived [another victim] of property of a value of less Aan $1,000. [This victim] testified at trial that the property taken included his billfold, his wife’s purse, his wife’s billfold, coin purse, $330 gift card to Dillon’s, another gift card worth about $36, multiple credit cards, AAA card, health insurance card, discount cards, coupons, cell phone, car keys, and smaller items such as lipstick. In addition, [this victim] testified that his wife’s purse also contained about $250 to $300 in ca”

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

3. ““requires an impossible stretch of the imagination. The four people in the back bedroom were being held there in part so that [the defendant] and the others could terrorize and beat [one individual] and then Richardson. The kidnappings and the murder were closely related. Although Richardson got up to leave the house, the perpetrators attempted to stop him, and it was as he was attempting to escape his captivity that he was shot. We cannot conclude that the attempted kidnapping of Richardson was completed by that time.” (Emphasis added.) 290 Kan. at 855-56.”

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