State v. McAlister’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. “"the legality of a sentence under K.S.A. 22-3504 is controlled by the law in effect at the time the sentence was pronounced. The legality of a sentence is fixed at a discrete moment in time-the moment the sentence was pronounced. At that moment, a pronounced sentence is either legal or illegal according to then-existing law. Therefore, for purposes of a motion to correct an illegal sentence, neither party can avail itself of subsequent changes in the law." 309 Kan. at 591 , 439 P.3d 307 .”

   3 later decisions quote this exact passage · from the concurrence
   e.g. State v. Gales · 58 Kan. App. 2d 933 - State v. Adams

2. “Because Adams is attacking his sentence collaterally via a motion to correct an illegal sentence rather than a direct appeal, he is stuck with the law in effect at the time the sentence was pronounced.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. State v. Sartin · 58 Kan. App. 2d 933 - State v. Adams

3. “McAlister does not argue that his sentences were illegal on February 3, 1999, when his direct appeal mandate was issued and his sentences became final.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 58 Kan. App. 2d 933 - State v. Adams