State v. Blanchette’s Empirical Analysis

Citation profile

32 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) whether the misconduct is gross and flagrant; (2) whether the misconduct shows ill will on the prosecutor’s part; and (3) whether the evidence against the defendant is of such a direct and overwhelming nature that the misconduct would likely have little weight in the minds of the jurors. None of these three factors is individually controlling. Before the third factor can ever override the first two factors, an appellate court must be able to say that the harmlessness tests of both K.S.A. 60-261 [refusal to grant new trial is inconsistent with substantial justice] and Chapman v. California, 386 U.S. 18 , 17 L. Ed. 2d 705 , 87 S. Ct. 824 (1967) [conclusion beyond a reasonable doubt that the error had little, if any, likelihood of having changed the result of the trial], have been met.” State v. Tosh, 278 Kan. 83 , Syl. ¶ 2, 91 P.3d 1204 (2004).”

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

2. ““(1) hear evidence and determine use of [the] one-way closed circuit television procedure is necessaiy to protect the welfare of the particular child witness who seeks to testify; (2) find that the child witness would be traumatized, not by the courtroom generally, but by the presence of the defendant; and (3) find that the emotional distress suffered by the child witness in the presence of the defendant is more than de minimis, i.e., more than mere nervousness or excitement or some reluctance to testify.” State v. Blanchette, 35 Kan. App. 2d 686, 700, 134 P.3d 19 , rev. denied 282 Kan. 792 (2006), cert. denied 549 U.S. 1229 (2007) (citing State v. Chisholm, 250 Kan. 153, 166 , 825 P.2d 147 [1992]).”

   1 later decision quote this exact passage
   e.g. 41 Kan. App. 2d 133 - State v. Bejarano

3. ““ ‘It has long been recognized . . . that the right of confrontation under the United States Constitution and the right to meet the witnesses “face to face” under Section 10 of the Kansas Bill of Rights are satisfied when defendant has had an opportunity to cross-examine the witnesses against him. [Citations omitted.]’ ” Blanchette, 35 Kan. App. 2d at 699 .”

   1 later decision quote this exact passage
   e.g. 37 Kan. App. 2d 819 - State v. Palmer