State v. Cheever’s Empirical Analysis

Citation profile

31 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Thus, in [State v.] Gregory[, 218 Kan. 180, 182-83 , 542 P.2d 1051 (1975)], we held that involuntary manslaughter is a lesser degree of second-degree murder and is therefore a lesser included crime under K S.A. 21-3107(2)(a). We explained that while it appears murder and manslaughter are different crimes, “ ‘they involve but one crime and are only degrees of felonious homicide.’” 218 Kan. at 183 (quoting Warren on Homicide § 83, pp. 415-16).’ ” Bridges, 297 Kan. at 1021 (quoting Cheever, 295 Kan. at 258 ).”

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

2. “(1) A lesser degree of the same crime, except that there are no lesser degrees of murder in the first degree under subsection (a)(2) [felony murder] of K.S.A. 2015 Supp. 21-5402, and amendments thereto; "(2) a crime where all elements of the lesser crime are identical to some of the elements of the crime charged; "(3) an attempt to commit the crime charged; or "(4) an attempt to commit a crime defined under paragraph (1) or (2).”

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

3. “'[t]he appropriateness of exercising mercy can itself be a mitigating factor in determining whether the State has proved beyond a reasonable doubt that the death penalty should be imposed.'”

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