4 Kan. App. 2d 485 - State v. Burgoon’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. ““Each case must be judged on its own particular facts, and it must necessarily be within the sound discretion of the trial judge whether a witness’s address or neighborhood will be disclosed. In the absence of a clear showing of an abuse of that discretion, the trial judge’s determination will not be disturbed on appellate review. When, as here, the witness is a key witness against the accused, the court must at the very least permit a sufficient disclosure of the witness’s background so as to allow adequate investigation to insure the accused’s Sixth Amendment right of confrontation and cross-examination. [Citations omitted.] “Our own Supreme Court has previously held that it is discretionary with the trial judge whether to require undercover narcotic agents to reveal their residences on cross-examination during a trial. State v. Hutchinson, 222 Kan. 365, 367-68 , 564 P.2d 545 (1977). The Supreme Court recognized that generally an accused has a right to require a witness to give his address in order to aid the accused in his right of confrontation. ABA Standards for Criminal Justice, Discovery and Procedure Before Trial § 2.1(a)(i) (Approved Draft 1970), requires that the prosecuting attorney disclose to defense counsel the names and addresses of witnesses subject to protective orders (section 4.4). The Supreme Court also recognized that there are exceptions to that general rule (Hutchinson at 368 ). The defendant in Hutchinson failed to make a showing as to why he wanted th”

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

2. ““Whether discovery should be allowed in a particular case is generally a question for the trial judge, to be exercised within the bounds of sound discretion. [Citations omitted.] Although discovery provisions under the criminal code are to be liberally construed [citation omitted], a defendant is not entitled as a matter of right to discovery of evidence within the prosecution’s control unless a statute provides otherwise. [Citations omitted.] “The State concedes there may be instances when disclosure is mandated, but it argues that no such rights accrue until trial. This contention clearly is erroneous. There is a constitutional right to discover evidence that is favorable to the accused and is material to his guilt or innocence. [Citations omitted.] The State is required to endorse upon the complaint, information and indictments the names of all witnesses known to the prosecuting attorney [citation omitted]. That requirement serves no purpose if the State is permitted to refuse to disclose the location of the witnesses. “[W]e acknowledge that the appellate courts of this State are also concerned with the protection of witnesses in criminal cases and, to the extent that an accused’s right to a fair trial is protected and the accused’s other constitutional rights are not violated, we will endeavor to provide that protection.” 4 Kan. App. 2d at 486-87 .”

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

3. ““We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual’s right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer’s testimony, and other relevant factors.” p. 62.”

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