State v. Brice’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The State asks us to look at all of the instructions, especially No. 8, which stated: ‘The defendant is charged with the crime of level 4 aggravated battery. ‘The defendant pleads not guilty. ‘To establish this charge, each of the following claims must be proved: T. That the defendant intentionally caused great bodily harm to another person, to-wit: Ivory Kelly; and ‘2. That this act occurred on or about the 11th day of February, 2001, in Labette County, Kansas.” [[Image here]] “When we look at all of the jury instructions in this case as Mitchell teaches us to do, we find the elements of level 4 and level 5 aggravated battery which are required to be proved beyond a reasonable doubt are correctly set forth in instructions Nos. 8 and 10. Instruction No. 11 relates to Brice’s claim of self-defense and is clearly stated. The next two instructions, Nos. 12 and 13, are essentially definitional instructions, as is the complained-of instruction No. 14 regarding the through and through bullet wound. “Instruction No. 12 reads: ‘As used in these instructions, the term Intentional Conduct means, conduct that is purposeful and willful and not accidental. The terms “knowing,” “willful,” “purposeful,” and “on purpose” are included within the term “intentional.’ ” “Instruction No. 13 reads: ‘As used in these instructions, the term Reckless Conduct means, conduct done under circumstances that show a realization of the imminence of danger to the person of another and a conscious and unjusti”

   1 later decision quote this exact passage
   e.g. State v. Brice

2. ““(a) Aggravated batteiy is: (1) (A) Intentionally causing great bodily harm to another person or disfigurement of another person; or (B) intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or (C) intentionally causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or (2) (A) recklessly causing great bodily harm to another person or disfigurement of another person; or (B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted. “(b) Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated battery as described in subsections (a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated batteiy as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated batteiy as described in subsection (a)(2)(B) is a severity level 8, person felony. A person convicted of aggravated battey shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto.””

   1 later decision quote this exact passage
   e.g. State v. Brice

3. ““In Ochoa , the victim received a ‘through and through’ bullet wound. The bullet entered the victim’s stomach and exited through his back without hitting any vital organs. A ‘through and through’ bullet wound in the abdomen does not present a question of fact as to whether it is mere bodily harm or great bodily harm. This constitutes great bodily harm. See State v. Whitaker, 260 Kan. 85 , 917 P.2d 859 (1996). There may be instances where a bullet wound is not ‘great’ bodily harm when, for example, it grazes the skin, but we cannot envision a ‘through and through’ bullet wound, as occurred in Ochoa , that does not amount to great bodily harm. That part of Ochoa , inconsistent with this opinion, is disapproved. As such, we have no difficulty in finding that a bullet wound which severs the spinal cord and causes paralysis, a much worse wound than a through and through bullet wound, qualifies as great bodily injury as a matter of law. The trial court did not err when it did not give an instruction on level 7 aggravated battery. The defendant was either guilty of level 4 aggravated battery or not guilty.” 260 Kan. at 435.”

   1 later decision quote this exact passage
   e.g. State v. Brice