State v. Harris’s Empirical Analysis

Citation profile

2 federal appellate · 28 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under K.S.A. 22-3423(l)(c), a trial court may declare a mistrial if there was prejudicial conduct either inside or outside the courtroom that makes it impossible for die trial to proceed without injustice to eidier die defendant or die prosecution. This statute creates a two-step process. First, the trial court must determine if there was some fundamental failure of the proceeding. If so, the trial court moves to the second step and assesses whether it is possible to continue without an injustice. In other words, the trial court must decide if the prejudicial conduct’s damaging effect can be removed or mitigated by an admonition, jury instruction, or other action. If not, the trial court must determine whether the degree of prejudice results in an injustice and, if so, declare a mistrial. State v. Ward, 292 Kan. 541, 550 , 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012); see State v. Race, 293 Kan. 69, 80 , 259 P.3d 707 (2011). “In Ward , our court articulated this standard by dividing the appellate court’s abuse of discretion inquiry into two parts, asking: (1) Did the trial court abuse its discretion when deciding if there was a fundamental failure in the proceeding? and (2) Did the trial court abuse its discretion when deciding whether the conduct resulted in prejudice that could not be cured or mitigated through jury admonition or instruction, resulting in an injustice? 292 Kan. at 551 .” Waller, 299 Kan. at 725-26 .”

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

2. ““If you do not agree that the defendant is guilty of First Degree Murder, you should then consider the lesser included offense of Voluntary Manslaughter!]] “To establish this charge, each of the following claims must be proved: 1. That the defendant intentionally lolled George Tiller; 2. That it was done upon an unreasonable but honest belief that circumstances existed that justified deadly force in defense of a person[;] 3. That this act occurred on or about the 31st day of March, 2009, in Sedgwick County, Kansas.””

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