State v. Morley’s Empirical Analysis

Citation profile

9 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. “The term 'substantial' in the sentencing departure context means something that is real, not imagined, and of substance, not ephemeral.”

   5 later decisions quote this exact passage
   e.g. State v. Grable · State v. Galloway

2. “[a] compelling reason to override the statutory presumptive sentence of imprisonment is one that forces a court—by the case's facts—to abandon the status quo and venture beyond the presumptive sentence.”

   4 later decisions quote this exact passage
   e.g. State v. Grable · State v. Galloway

3. “(1) determine whether the sentencing court's nonstatutory factor can be a mitigating factor as a matter of law under K.S.A. 2019 Supp. 21-6815(c); (2) if it can, then decide whether that nonstatutory factor's existence is supported by the record; and (3) if so, then determine whether the sentencing court acted reasonably when it concluded there was a substantial and compelling reason to depart in a particular case based on that nonstatutory factor by itself or collectively with other statutory or nonstatutory factors cited by the sentencing court.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Fowler · State v. Montgomery