State v. Plummer’s Empirical Analysis

Citation profile

282 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 282 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““For jury instruction issues, the progression of analysis and corresponding standards of review on appeal are: (1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; and (4) finally, if the district court erred, the appellate court must determine whether the error was harmless, utilizing the test and degree of certainty set forth in State v. Ward, 292 Kan. 541 , 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).” State v. Plummer, 295 Kan. 156 , Syl. ¶ 1, 283 P.3d 202 (2012).”

   64 later decisions quote this exact passage · from the majority
   e.g. State v. Hayes · State v. Robinson

2. “[A]n instruction must always fairly and accurately state the applicable law, and an instruction that does not do so would be legally infirm.”

   8 later decisions quote this exact passage · from the majority
   e.g. Burnette v. Eubanks · Castleberry v. DeBrot

3. “any error is reversible only if this court determines that there is a reasonable probability that the error affected the outcome of the trial in light of the entire record.”

   6 later decisions quote this exact passage · from the majority
   e.g. 55 Kan. App. 2d 196 - State v. White · State v. Aguirre