State v. Smith’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] sentence is not an 'illegal sentence' because of a change in the law that occurs after the sentence is pronounced.”

   2 later decisions quote this exact passage
   e.g. State v. Lewis · State v. Henderson

2. “"(e)(1) Out-of-state convictions and juvenile adjudications shall be used in classifying the offender's criminal history. (2) An out-of-state crime will be classified as either a felony or a misdemeanor according to the convicting jurisdiction. .... (3) The state of Kansas shall classify the crime as person or nonperson. In designating a crime as person or nonperson, comparable offenses under the Kansas criminal code in effect on the date the current crime of conviction was committed shall be referred to. If the state of Kansas does not have a comparable offense in effect on the date the current crime of conviction was committed, the out-of-state crime shall be classified as a nonperson crime."”

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

3. “"Simply put: the KSGA and its reference to the term 'comparable offenses' has not changed .... The only thing that may have changed is our Supreme Court's interpretation of the KSGA. But a judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision. See Rivers , 511 U.S. at 312-13. As previously stated, the Wetrich court found that the identical-or-narrower test was the intent of the Legislature when it passed the KSGA based on the legislative history of the Act and the purposes and objectives of the sentencing guidelines. 307 Kan. at 561 -62 ." Smith , 56 Kan. App. 2d at 354 .”

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