State v. Burnett’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘Photographs depicting the extent, nature, and number of wounds inflicted are generally relevant in a murder case. [Citation omitted.] Photographs which are relevant and material in assisting the jury’s understanding of medical testimony are admissible. Specifically, photographs which aid a pathologist in explaining the cause of death are admissible. [Citation omitted.] Photographs used to prove the manner of death and the violent nature of the crime are relevant and admissible. [Citation omitted.]’ ” ’ State v. Parker, 277 Kan. 838, 847 , 89 P.3d 622 (2004) (quoting State v. Green, 274 Kan. 145, 147 , 48 P.3d 1276 [2002]). “Additionally, because the State has the burden to prove every element of the crime charged, photographs used to prove the elements of the crime, including the fact and manner of death and the violent nature of the crime, are relevant even if tire cause of death is not contested. [Citation omitted.] Finally, while we have stated that the “wholesale admission of similar grotesque and bloody photographs which add nothing new to the state’s case” is improper,’ a photograph need not be excluded simply because it is gruesome. [Citation omitted.]” Burnett, 293 Kan. at 853-54 .”

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

2. ““ ‘Judicial discretion is abused if judicial action (1) is arbitraiy, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; or (3) is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.’ ” State v. Robinson, 293 Kan. 1002, 1027-28 , 270 P.3d 1183 (2012) (quoting State v. Ward, 292 Kan. 541, 550 , 256 P.3d 801 [2011]).”

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