State v. Boothby’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Generally, an appellate court reviewing a jury instruction challenge must determine whether the issue was preserved; whether the instruction was legally and factually appropriate; and whether any error was harmless.' Preservation and reversibility are interrelated. When a party fails to object to a jury instruction at trial, we only reverse if the instruction is clearly erroneous, meaning, [the reviewing court] must be '”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Dean · – State v. Patterson –

2. “[T]he challenged instruction was legally correct. . . . This is an accurate—and bedrock— statement of law that mirrors the juror's oath; upholds the role of judge and jury; and most importantly, protects the accused. . . . Thus, a district court does not err when it tells a jury to follow the law. [Citations omitted.]”

   2 later decisions quote this exact passage · from the majority
   e.g. – State v. Patterson – · 58 Kan. App. 2d 117 - State v. Albano

3. “'Your verdict must be founded entirely upon the evidence admitted and the law as given in these instructions,' is legally correct and does not prevent a jury from exercising its power of nullification.”

   2 later decisions quote this exact passage
   e.g. – State v. Pruitt – · 58 Kan. App. 2d 117 - State v. Albano