State v. Bailey’s Empirical Analysis

Citation profile

59 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 59 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. In reviewing an alternative means case, a court must determine whether a rational trier of fact could have found each means of committing the crime proved beyond a reasonable doubt.'”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Rojas-Marceleno · State v. Cottrell

2. “‘When a single offense is alleged that may be committed in more than one way, the court is presented with an alternative means case. [Citation omitted.] When several acts are alleged, any of which could constitute the crime charged, the court is presented with a multiple acts case. [Citation omitted.]” State v. Bailey, 292 Kan. 449, 458 , 255 P.3d 19 (2011).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Anderson · State v. Jones

3. “" 'the jury must be unanimous as to which act or incident constitutes the crime. To ensure jury unanimity in multiple acts cases, courts require that either the State elect the particular criminal act upon which it will rely for conviction or that the district court instruct the jury that all jurors must agree that the same underlying criminal act has been proved beyond a reasonable doubt.' " 292 Kan. at 458 , 255 P.3d 19 (quoting State v. Dixon, 289 Kan. 46 , Syl. ¶ 7, 209 P.3d 675 [(2009)] ).”

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