State v. Breeden’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Subject to K.S.A. 60-447, and amendments thereto, evidence that a person committed a crime or civil wrong on a specified occasion, is inadmissible to prove such person’s disposition to commit crime or civil wrong as the basis for an inference that the person committed another crime or civil wrong on another specified occasion. “(b) Subject to K.S.A. 60-445 and 60-448, and amendments thereto, such evidence is admissible when relevant to prove some other material fact including motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.””

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Butler · State v. Molina

2. “to situations involving 'evidence that a person committed a crime or civil wrong on a specified occasion' to infer a person has the disposition or a propensity to 'commit[] another crime or civil wrong on another specified occasion.'”

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

3. “There is a danger that by asking a defendant if he or she is aware of his right to testify, a trial court may inadvertently influence a defendant to waive the equally fundamental right against self-incrimination.”

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