5 Kan. App. 2d 201 - State v. Carter’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Some states have held that hearsay alone or an unreasonable abundance thereof is insufficient to sustain the prosecution’s burden to establish the violation of a probation. [Citations omitted.] Other jurisdictions allow the use of hearsay in probation revocation proceedings whenever the fact finder has made an express order finding good cause for not allowing confrontation of witnesses. This requirement is derived directly from one of the minimum requirements of due process outlined in Morrissey v. Brewer, 408 U.S. 471 .” 5 Kan. App. 2d at 206-07 .”

   1 later decision quote this exact passage
   e.g. 20 Kan. App. 2d 378 - State v. Miller

2. ““[T]he defendant’s motion for dismissal of the proceedings should have been granted as Barber’s hearsay testimony was improperly admitted. As this constituted the only evidence introduced by the State, it was unable to demonstrate by a preponderance of the evidence that defendant had violated the terms and conditions of his probation.” 5 Kan. App. 2d at 207 .”

   1 later decision quote this exact passage
   e.g. 20 Kan. App. 2d 378 - State v. Miller