State v. Manbeck’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. ““I concur with the foregoing result, but I disagree with the statement that ‘the question becomes whether the legislature intended that all prior convictions for driving while under the influence of alcohol or drugs should be scored as person felonies in determining the defendant’s criminal history score, or should only those convictions for driving while under the influence of alcohol and drugs be scored as person felonies.’ If K.S.A. 2002 Supp. 21-4711(c)(2) applies, all prior convictions under K.S.A. 8-1567, regardless of the substance or combination of substances consumed, are scored as person felonies. “However, the statute specifically limits its applicability to the post-July 1,1996, commission of ‘involuntary manslaughter while driving under the influence of alcohol and drugs.’ K.S.A. 2002 Supp. 21-4711(c)(2). Therefore, the question presented is whether the legislature intended the enhanced scoring to be limited to those involuntary manslaughter convictions based upon driving ‘under the influence of a combination of alcohol and any drug or drugs.’ K.S.A. 8-1567(a)(5). “The State’s public policy arguments are seductive. One might perceive the goal of K.S.A. 2002 Supp. 21-4711(c)(2) is to more severely punish a repeat offender whose refusal to refrain from driving under the influence eventually results in a person’s death, irrespective of the offender’s substance of choice. However, our directive is to refrain from making decisions based upon public policy in derogatio”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Manbeck

2. ““If the current crime of conviction was committed on or after July 1,1996, and is for involuntary manslaughter while driving under the influence of alcohol and drugs, each prior adult conviction, diversion in lieu of criminal prosecution or juvenile adjudication for: (A) An act described in K.S.A. 8-1567 and amendments thereto; or (B) a violation of a law of another state or an ordinance of any city, or resolution of any county, which prohibits the act described in K.S.A. 8-1567 and amendments thereto shall count as one person felony for criminal history purposes.” (Emphasis added.)”

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