33 Kan. App. 2d 382 - State v. Bryan’s Empirical Analysis
2004
Citation profile
2 state decisions
Relationships
Relies on State v. Maass · State v. Mays · Plaut v. Spendthrift Farm, Inc. · Board of County Commissioners v. McGraw Fertilizer Service, Inc. · In Re the Appeal of University of Kansas School of Medicine
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.
““H.B. is the eldest daughter of defendant Bryan and was 13 years of age on the date of the offense charged. Her mother (Bryan’s wife) awoke in the early morning hours and heard H.B. coughing and crying; upon entering her daughter’s room, she found Biyan lying naked upon H.B’s bed, on top of the covers, facing H.B. with his left hand on his erect penis. Upon the mother’s entiy, Biyan rolled off the bed and tried to cover himself, explaining that he had gotten up early to take a shower and went into his daughter’s room because he heard her crying and had an erection because he needed to use the bathroom. At trial, he explained that he was naked because he had fallen asleep after having sexual intercourse with his wife. “The investigating officer testified that H.B. told him she frequently had ‘night terrors’ in which she dreamed someone was chasing her or she was being hurt. H.B. remembered having a bad dream on the night in question and remembered only that she felt like she was being shaken. When asked at trial what she remembered from that incident, H.B. responded, ‘All I know is that I was dreaming.’ She testified that although her mother had told her that Bryan was in her room, she did not recall seeing him.” State v Bryan, 33 Kan. App. 2d 382, 383 , 102 P.3d 496 (2004).”
1 later decision quote this exact passagee.g. State v. Bryan““Lewd and lascivious behavior is: “(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.””
1 later decision quote this exact passagee.g. State v. Bryan
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.