40 Kan. App. 2d 1059 - State v. Johnson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court then excused the jury. The court did not ask the jury after reading the verdict whether it was the jury's verdict. There is no dispute that the trial court did not ask the jury whether the verdict was the jury's verdict. In Johnson , we held that the trial court's failure to inquire as to whether the verdict was the jury's verdict was reversible error. The State, however, asserts that Johnson is distinguishable from this case because unlike Johnson , there were no concerns about the unanimity of the jury's verdict. Nevertheless, the Johnson court held that”

   1 later decision quote this exact passage
   e.g. 45 Kan. App. 2d 522 - State v. Gray

2. ““The verdict shall be written, signed by the presiding juror and read by the clerk to the jury, and the inquiry made whether it is the jury’s verdict. If any juror disagrees, the jury must be sent out again; but if no disagreement is expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case. If the verdict is defective in form only, it may be corrected by the court, with the assent of the jury, before it is discharged.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. 46 Kan. App. 2d 924 - State v. Dunlap

3. “). Nevertheless, as stated earlier, Gray asserts that the trial court erred when it failed to ask whether the verdict was the jury's verdict. Moreover, Gray argues that the trial court violated K.S.A. 22-3421 by not”

   1 later decision quote this exact passage
   e.g. 45 Kan. App. 2d 522 - State v. Gray