30 Kan. App. 2d 407 - State v. Cox’s Empirical Analysis
2002
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently February 2022
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3663 · 18 U.S.C. § 3663A (§ 204 of the Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Equity Investors, Inc. v. Academy Insurance Group, Inc. · Commonwealth v. Harner · In re the Protest of Smith · Board of County Commissioners v. McGraw Fertilizer Service, Inc. · State v. Applegate
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In addition to any other conditions of probation, suspension of sentence or assignment to a community correctional services program, the court shall order the defendant to comply with each of the following conditions: “(1) Make reparation or restitution to the aggrieved party for the damage or loss caused by the defendant’s crime, in an amount and manner determined by the court and to the person specified by the court, unless the court finds compelling circumstances which would render a plan of restitution unworkable.””
2 later decisions quote this exact passage““The record is very limited on what services Van Loenen’s attorney did provide. The district court file includes a letter written by the attorney to the defendants’ attorneys and the trial court. He stated he and Van Loenen had been to a court hearing in early October and agreed to give the final amount Van Loenen would be requesting for reimbursement. He also stated the restitution amount requested was $15,302.24 and the supporting documentation was available. The county attorney appeared at all hearings on behalf of the State. There is nothing in this record to indicate what Van Loenen’s attorney did, when he did it, the time he spent doing it, or his hourly fee for doing it. There is no finding by the court that the fee was reasonable or necessary. It appears Van Loenen retained the attorney to determine and document Van Loenen’s damages. “Based upon the record, Van Loenen’s attorney did not act as prosecutor, assistant prosecutor, or special prosecutor, and the State’s attorney did not relinquish his prosecutorial duties to Van Loenen’s attorney. The attorney was hired by Van Loenen to act as his privately retained attorney and maintained his allegiance to Van Loenen and not the State. The attorney fee was an expense incurred by Van Loenen and not the State.” Cox, 30 Kan. App. 2d at 409-10 .”
1 later decision quote this exact passagee.g. State v. Hunziker“the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendant's crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable.”
1 later decision quote this exact passagee.g. State v. Banfield
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.