State v. Johnson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We have said that the legislative intent governs if that intent can be ascertained from the statute's language. Criminal statutes, although construed strictly against the State, must be interpreted in a way that is reasonable and sensible to effectuate the legislative design and the true intent of the law. "The statute in question here is a fail-safe provision. By its clear and unequivocal language it applies only when the term of imprisonment or the statute authorizing the term of imprisonment are found to be unconstitutional. Neither circumstance has occurred. "The statute under which the district court in Coleman's case found the existence of aggravating factors necessary to impose a hard 40 life sentence, K.S.A. 21-4635, was not a statute authorizing his hard 40 life sentence. Instead, it was part of the procedural framework by which the enhanced sentence was determined. His hard 40 life sentence was authorized by virtue of his commission of premeditated first-degree murder, an offense qualifying for such sentence under Kansas law. "And regarding Coleman's term of imprisonment itself, Kansas' hard 40 and hard 50 sentences have never been determined to be categorically unconstitutional. This court continues to uphold such sentences in appropriate cases. And such sentences continue to be imposed in qualifying cases in Kansas. [Citations omitted.]”

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

2. “[Defendant] makes an argument that could avoid or change the Kirtdoll holding, however. He contends his request for relief is based not on Alleyne but on Apprendi, which the United States Supreme Court decided before he was sentenced. He asserts we need not apply Alleyne retroactively to provide him relief.”

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

3. “'a sentence imposed in violation of Alleyne does not fall within the definition of an”

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