State v. Herbel’s Empirical Analysis

Citation profile

151 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 153 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘the error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.’ State v. Ward, 292 Kan. 541 , Syl. ¶ 6, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012). “Under the harmless error analysis defined in K.S.A. 60-261, the test is equally clear. The court ‘determinefs] if there is a reasonable probability that the error did or will affect the outcome of the trial in light of the entire record.’ [Citation omitted.] “Under both standards, the party benefiting from the error... bears the burden of demonstrating harmlessness. State v. Herbel, 296 Kan. 1101, 1110 , 299 P.3d 292 (2013). That burden is higher when the error is of constitutional magnitude. See Herbel, 296 Kan. at 1110 (’Clearly, the party benefiting from the constitutional error must meet a higher standard to show harmlessness than the standard required in nonconstitutional error.’).” Bridges, 306 P.3d at 260 .”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Dull · State v. Lowrance

2. ““If you have a reasonable doubt as to the truth of each of the claims required to be proved by the State, you must find the defendant not guilty. If you have no reasonable doubt as to the truth of any of the claims required to be proved by the State, you should find the defendant guilty.” (Emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Smith · State v. Todd

3. “'consider whether the subject instruction was legally and factually appropriate, employing an unlimited review of the entire record.'”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Briseno · State v. Pfannenstiel