State v. Kelsey’s Empirical Analysis

Citation profile

166 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 166 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If there is any direct or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, an appellate court must find the case was properly submitted to the jury.”

   2 later decisions quote this exact passage
   e.g. State v. Follin · State v. Sanders

2. “Defendants and [victim] then got into Lee’s car, ostensibly to take [victim] home. Lee was driving, Kelsey was in the passenger seat, and Payne and [the victim] were in the backseat. Although [the victim] had given them directions to her house, Lee detoured in the opposite direction.... Lee turned around and saw that Payne had [victim] in a “strangle hold type position.” Lee continued to drive. A few minutes later, Lee “heard two quick, empty thud type sounds.” ... Kelsey testified that he had also turned around and saw that [victim’s] body was limp, her face was pale, and her lips were blue. Lee once again drove away from the bridge. He got approximately 100 feet down the road when Payne told him to stop the car. Defendants pulled [victim] out of the car and carried her into the woods and up an embankment where they placed her on the ground. Lee returned to the car. Payne and Kelsey remained by [victim]’s body. Kelsey testified that while he was standing over [victim]’s body, Payne instructed him to place a pipe bomb into [victimj’s mouth. Kelsey complied. Payne then lit the fuse, and the two ran. A few seconds later, the bomb exploded. Defendants returned to Kirchner’s house where they fell asleep.”

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

3. “(1) The seriousness of the alleged offense. (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner. (3) Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted. (4) The prosecutive merit of the complaint. (5) The desirability of trial and disposition of the entire offense in one court. (6) The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living. (7) The record and previous history of the juvenile, including previous contacts with law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation, or prior commitments to juvenile institutions. (8) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available.”

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