State v. Inkelaar’s Empirical Analysis

Citation profile

100 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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• “First, the district court must determine whether the fact to be proven is material, meaning that this fact has some real bearing on the decision in the case. The appellate court reviews this determination independently, without any required deference to the district court. • “Second, the district court must determine whether the material fact is disputed and, if so, whether the evidence is relevant to prove the disputed material fact. In making this determination, die district court considers whether the evidence has any tendency in reason to prove the disputed material fact. The appellate court reviews this determination only for abuse of discretion. • “Third, if the fact to be proven was material and the evidence was relevant to prove a disputed material fact, then the district court must determine whether the probative value of the evidence outweighs the potential for undue prejudice against the defendant. The appellate court also reviews this determination only for abuse of discretion. If the evidence meets all of these requirements, it is admitted, but in a juiy trial the district court must give the jury a limiting instruction telling the jury the specific purpose for which the evidence has been admitted (and reminding diem that it may only be considered for diat purpose).””

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

2. ““[W]e begin by determining whether the prosecutor’s questions were proper. Within the scope of a prosecutorial misconduct analysis, this inquiry would answer whether the questions were within die latitude allowed the prosecutor. Then, in an analytical step unique to prosecutorial misconduct analysis, an appellate court, in determining if the prosecutor’s conduct requires reversal, reviews (1) whether the misconduct was gross and flagrant, (2) whether the misconduct showed ill will on the prosecutor’s part, and (3) whether the evidence was of such a direct and overwhelming nature that the misconduct would likely have had little weight in the minds of jurors.” State v. Inkelaar, 293 Kan. 414, 428 , 264 P.3d 81 (2011).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Summers · John Wallace McGinn v. State

3. ““Subject to K.S.A. 60-447 evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove his or her disposition to commit crime or civil wrong as the basis for an inference that the person committed another crime or civil wrong on another specified occasion but, subject to K.S.A. 60-445 and 60-448 such evidence is admissible when relevant to prove some other material fact including motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.” K.S.A. 60-455.”

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