State v. Stevens’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The reasoning in Robinson is applicable here. K.S.A. 2005 Supp. 22-4513(a) imposes a mandatory duty on the trial court to tax BIDS fees against the defendant. This language is not conditional. Moreover, there is no indication that the defendant must request that the trial court tax the BIDS fees before considering the defendant’s financial resources and the burden that payment of the fees will impose. Therefore, this issue may be raised for the first time on appeal. “We read K.S.A. 2005 Supp. 22-4513(a) as requiring the trial court to first tax as costs the amount claimed by BIDS or the amount set forth in the BIDS reimbursement tables, whichever amount is less. In her concurring opinion in Robinson , Justice Luckert noted that the plain language of K.S.A. 2005 Supp. 22-4513(a) requires the trial court ‘to assess either (a) the amount of actual expenditures for providing counsel and other defense services or (b) the amount allowed by the BIDS’ defense reimbursement tables, whichever is less.’ 281 Kan. at 550. Once this figure has been taxed, K.S.A. 2005 Supp. 22-4513(b) requires the trial court, in setting the amount and payment method of the fees, to consider the defendant’s financial resources and the nature of the burden that repayment of those costs will impose on the defendant. Consequently, K.S.A. 2005 Supp. 22-4513(b) requires the repayment of those costs be balanced against the defendant’s financial ability to repay them. When the trial court has failed to tax a spec”

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

2. ““The majority is persuaded that the following facts are substantial evidence that Stevens tried but failed to drive his vehicle: (1) Stevens was occupying the driver’s seat when Officer Justice arrived; (2) another person occupied the passenger seat; (3) the key was in the vehicle ignition; and (4) the vehicle was parked in front of another person’s residence. I do not perceive these facts as creating a reasonable inference of a failed attempt to operate the vehicle. See State v. Johnson, 33 Kan. App. 2d 490, 502 , 106 P.3d 65 (2004) (an inference may not rest upon another inference). To the contrary, the established fact that Stevens’ vehicle was parked in front of another’s residence creates the inference that Stevens was successful in driving his vehicle to that location. Stevens’ actions in exiting the vehicle, proceeding to the front door of the residence, and knocking on the door support the inference that he drove there, rather than that he failed to drive. Indeed, that is the inference the prosecutor wanted the jury to draw when he argued that the more ‘reasonable way to look at it is [Stevens] was in front of a house where he was not welcome, he just drove up, he was just jumping out wanting to make contact because he was not aware that he was not welcome there.’ “Unlike the situation in [State v.] Kendall, [ 274 Kan. 1003 , 58 P.3d 660 (2002)], Stevens’ vehicle was not in the middle of the street, its engine was not running, its transmission was not in neutral, and ”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Stevens

3. ““ ‘A defendant has a constitutionally protected privilege to request and obtain from the prosecution evidence that is material to the guilt or innocence of the defendant. Suppression of such evidence is a violation of the defendant’s Fourteenth Amendment due process rights. Brady v. Maryland, 373 U.S. 83, 87, 10 L. Ed. 2d 215 , 83 S. Ct. 1194 (1963). Prosecutors are under a positive duty, independent of court order, to disclose exculpatory evidence to a defendant. To justify a reversal of a conviction for failure to disclose evidence, the evidence withheld by the prosecution must be clearly exculpatory and the withholding of the evidence must be clearly prejudicial to the defendant.’ ” 36 Kan. App. 2d at 332 .”

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