30 Kan. App. 2d 110 - State v. Haines’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts of this case do not favor the State’s position or the decision of the trial court to revoke probation. The record is clear that the State’s efforts to locate Haines were restricted to two letters, one sent to his ex-wife and one to his mother’s residence that was returned for lack of a sufficient address. More than 16 years have gone by since the State acted. The record indicates Haines has been employed as a truck driver and lived in Ohio the entire time preceding the probation revocation proceeding. There is no indication that tire State attempted to locate him through his driver’s license, social security number, employer, or any means other than mailing letters to his mother’s house and his estranged wife’s house. At the time of the revocation hearing, Haines was still living in Ohio and was collecting social security benefits. It is clear he did not attempt to secret himself away. The State’s failure to conduct a reasonable investigation to ascertain Haines’ whereabouts constitutes a waiver of the violation. Since the government waived file violation, Haines does not have to show he was prejudiced by the delay. [Citation omitted.]” 30 Kan. App. 2d at 113.”

   1 later decision quote this exact passage
   e.g. 36 Kan. App. 2d 381 - State v. Bennett

2. ““The Due Process Clause of the Fourteenth Amendment imposes procedural and substantive limits on the revocation of the conditional liberty created by probation. [Citation omitted.] Kansas law allows the revocation of probation after the term of revocation expires if the proceedings were instituted during the term of the probation and revocation occurs within a reasonable time thereafter. [Citation omitted.] Jurisdiction to revoke probation does not expire with the expiration of the probationary period; however, the court’s authority is not without limit. Due process requires that the State act in a timely and reasonable manner.” 30 Kan. App. 2d at 112.”

   1 later decision quote this exact passage
   e.g. 36 Kan. App. 2d 381 - State v. Bennett