State v. Van Lehman’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[W]e do not allow the parties to agree upon or stipulate to an illegal sentence. ... A corollary to the proposition that a party is not bound by his or her stipulation to an illegal sentence is that a party cannot be bound by a requested illegal sentence through the invited error doctrine. An illegal sentence may be corrected regardless of whether one or more parties may have had a hand in arriving at the illegality. [Citations omitted.]" Lehman , 308 Kan. at 1093 , 427 P.3d 840 .”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Lamia-Beck · State v. Schulze

2. “[w]hen a person completes his or her original criminal sentence-even if an illegal sentence-without a court order that superseded the judgment of the original sentencing judge, that person is deemed to be discharged from custody and no longer subject to the jurisdiction of the criminal justice system.”

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

3. “Surely if the State is not precluded from filing a motion to correct an illegal sentence under these two theories under Lehman , the State should likewise not be prevented from filing this type of motion as an attempt to re-litigate an erroneous criminal history score.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Schulze