State v. Johnson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(a) Notwithstanding any other provision of law, a person in state custody, at any time after conviction for murder as defined by K.S.A. 21-3401, and amendments thereto, or for rape as defined by K.S.A. 21-3502, and amendments thereto, may petition the court that entered the judgment for forensic DNA testing (de-oxyribonucleic acid testing) of any biological material that: (1) Is related to the investigation or prosecution that resulted in the conviction; (2) is in the actual or constructive possession of the state; and (3) was not previously subjected to DNA testing, or can be subjected to retesting with new DNA techniques that provide a reasonable likelihood of more accurate and probative results. “(b)(1) The court shall notify the prosecuting attorney of a petition made under subsection (a) and shall afford the prosecuting attorney an opportunity to respond. (2) Upon receiving notice of a petition made under subsection (a), the prosecuting attorney shall take such steps as are necessary to ensure that any remaining biological material that was secured in connection with the case is preserved pending the completion of proceedings under this section. “(c) The court shall order DNA testing pursuant to a petition made under subsection (a) upon a determination that testing may produce noncumulative, exculpatory evidence relevant to the claim of the petitioner that die petitioner was wrongfully convicted or sentenced. [[Image here]] “(e) The court may at any time appoint counsel”

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

2. “'DNA testing is intended to confirm or dispute the identity of individuals involved in or at the scene of a purported crime.' 20 [Citation omitted.] So DNA evidence may be exculpatory if it tends to establish innocence based on an individual's identity.”

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

3. “tends to disprove a fact in issue which is material to guilt or punishment.”

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