State v. Littlejohn’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To establish that the giving or failure to give an instruction was clearly erroneous, tire reviewing court must determine whether there was any error at all. This requires demonstrating that giving tire proposed instruction would have been both legally and factually appropriate, employing an unlimited review of the entire record. [Citation omitted.] And if error is found on that basis, then the court moves to a reversibility inquiry in which it assesses whether it is firmly convinced the jury would have reached a different verdict had the instruction been given. The defendant maintains the burden to establish the degree of prejudice necessary for reversal. [Citation omitted.]” State v. Littlejohn, 298 Kan. 632, 646 , 316 P.3d 136 (2014).”

   1 later decision quote this exact passage · from the majority
   e.g. 50 Kan. App. 2d 788 - State v. Crossett

2. “A letter of additional authority pursuant to Supreme Court Rule 6.09(b) (2013 Kan. Ct. R. Annot. 50) is reserved for citing significant relevant authorities not previously cited in the party's brief which come to the party's attention after briefing. Appellate courts will not consider new issues raised for the first time in a party's Rule 6.09(b) letter.”

   1 later decision quote this exact passage · from the majority
   e.g. Ed Dewitte Ins. Agency, Inc. v. Fin. Assocs. Midwest, Inc.

3. “is the killing of a human being committed . . . in the commission of, attempt to commit, or flight from an inherently dangerous felony.”

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