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← 295 KAN 424 - State v. Ross

State v. Ross’s Empirical Analysis

2012

Citation profile

14
cited by 14 later decisions
1
states following
January 2020
most recently cited

14 state decisions

Relationships

Relies on Harmelin v. Michigan · Rummel v. Estelle · Ewing v. California · State v. Freeman · State v. Laturner

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

  1. “"(1) The nature of the offense and the character of the offender should be examined with particular regard to the degree of danger present to society; relevant to this inquiry are the facts of the crime, the violent or nonviolent nature of the offense, the extent of culpability for the injury resulting, and the penological purposes of the prescribed punishment;" "(2) A comparison of the punishment with punishments imposed in this jurisdiction for more serious offenses, and if among them are found more serious crimes punished less severely than the offense in question the challenged penalty is to that extent suspect; and" "(3) A comparison of the penalty with punishments in other jurisdictions for the same offense." 223 Kan. at 367 .”
    3 later decisions quote this exact passage · from the majority
  2. “[t]his analysis may consider the offender's mental state and motive in committing the crime, the actual harm caused to the victim or to society by the offender's conduct, any prior criminal history of the offender, and the offender's propensity for violence.”
    1 later decision quote this exact passage · from the majority
  3. “All of the evidence is reviewed, but not reweighed, to determine whether it is sufficient to support the district court's factual findings, but the legal conclusions that the district court draws from those facts are reviewed de novo.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.