41 Kan. App. 2d 764 - Fischer v. State’s Empirical Analysis

Citation profile

1 district · 8 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We conclude that ‘presence’ of a 60-1507 movant at a full evidentiary hearing does not include mere telephone participation where: (1) the record fails to cite any basis for denial of physical presence other than the nature of the movant’s conviction; and (2) the record reflects substantial difficulty in the movant’s ability to hear the proceedings. First, we note that Rule 183(h) does not contemplate mere telephone participation; the Rule states that the movant ‘should be produced.’ Production of the movant clearly means physical presence. “Second, we do not believe the term ‘presence’ includes mere telephonic participation. ‘Presence’ is ‘the fact or condition of being present.’ Webster’s Third New International Dictionary 1793 (1993). Black’s Law Dictionary defines presence’ as ‘the state or fact of being in a particular place and time.’ Black’s Law Dictionary 1221 (8th ed. 2004). Although telephonic participation has been deemed sufficient in other proceedings, we believe that tire movant’s due process interest in an evidentiary hearing in a habeas corpus proceeding to determine whether he or she has been subject to a constitutional deprivation is too significant to justify an appearance by telephone. [Citation omitted.] “We are persuaded that mere telephonic participation in an evidentiary hearing does not enable the movant to hear and observe witnesses, attorneys, or the judge, and certainly does not enable the manner of assistance to his or her own counsel that could ”

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

2. ““Another reality intrudes here. It’s well recognized that inmates—especially those with long sentences—will file habeas cases in hopes of getting the closest thing available in their world to a vacation, a trip outside prison walls. [Citation omitted.] We rightly grant an evidentiary hearing when an inmate’s motion states facts that, if true, would entitle him or her to relief. [Citation omitted.] So, if we require the physical presence of the defendant any time he or she files a habeas motion that parrots language we’ve held merited a hearing in someone else’s case, we will be letting Kansas inmates write their own day passes from prison at their leisure. To be sure, they’ll be in custody while on this pseudo-vacation but at a significant cost to the taxpayer and at some risk to the public.” 41 Kan. App. 2d at 771 (Leben, J., dissenting).”

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

3. “The court, in its discretion, may use a telephone or other electronic conference to conduct any hearing or conference, other than a trial on the merits.”

   1 later decision quote this exact passage
   e.g. In Re Jo