State v. Moncla’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'(1) a sentence imposed by a court without jurisdiction; (2) a sentence that does not conform to the applicable statutory provision, either in character or the term of authorized punishment; or (3) a sentence that is ambiguous with respect to the time and manner in which it is to be served. [Citations omitted.]'”

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

2. ““Monda also argues that his sentence is illegal because a judge rather than a jury determined the existence and weight of the aggravating factor that led to the hard 40. He cites Alleyne v. United States, 570 U.S. _ , 133 S. Ct. 2151, 2162-63 , 186 L. Ed. 2d 314 (2013), which held that, under the Sixth Amendment, any fact that increased a sentence must be found by a jury rather than a judge. ‘Because the definition of an illegal sentence does not include a claim that the sentence violates a constitutional provision, a defendant may not file a motion to correct an illegal sentence based on constitutional challenges to his or her sentence.’ State v. Mitchell, 284 Kan. 374, 377 , 162 P.3d 18 (2007); see Verge v. State, 50 Kan. App. 2d 591, 598-99 , 335 P.3d 679 (2014) (motion to correct illegal sentence based on Alleyne improper constitutional challenge to sentence).””

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

3. “only two possibilities exist as a procedure authorizing [a] collateral attack on [a defendant's] sentence: a motion to correct an illegal sentence under K.S.A. 2020 Supp. 22-3504 or a motion under K.S.A. 2020 Supp. 60-1507.”

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