32 Kan. App. 2d 266 - State v. Elnicki’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““After pointing out all the consistencies of the evidence supporting a consensual encounter, Elnicki argues that even if the evidence is viewed in the fight most favorable to the State, the evidence did not support his convictions. We disagree. Elnicki is asking us to find there is no way a reasonable jury could find him guilty based on the inconsistencies of J.A.’s testimony. He also presents his version as what must be accepted. The jury sorted through all the inconsistencies claimed by Elnicki and found J.A.’s story to be the more credible — that is the jury’s responsibility. This court does not weigh conflicting evidence, pass on credibility, or redetermine questions of fact. [Citation omitted.]. We find there is sufficient evidence to support Elnicki’s convictions. While a set of facts may be so improbable as to be insufficient to support a conviction, see State v. Matlock, 233 Kan. 1 , 660 P.2d 945 (1983), that is not the case here.” 32 Kan. App. 2d at 276 .”

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