State v. Allen’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'does not upset the balance between encouraging jury nullification and forbidding it. ... [U]nlike the words must, shall, and will, the word should does not express a mandatory, unyielding duty or obligation; instead, it merely denotes the proper course of action and encourages following the advised path.' [State v.] Hastings , 2016 WL 852857 , at [ (Kan.App. 2016) ].”

   2 later decisions quote this exact passage
   e.g. 55 Kan. App. 2d 595 - State v. Green · State v. Smith

2. “It is not the role of the jury to rewrite clearly intended legislation, nor is it the role of the courts to instruct the jury that it may ignore the rule of law, no matter how draconian it might be.”

   2 later decisions quote this exact passage
   e.g. 55 Kan. App. 2d 595 - State v. Green · State v. Smith

3. “"[A]s every teacher instructing a class knows, and as every parent admonishing a child knows, should is less of an imperative than must or will. ... Should as used in this instruction is not the equivalent of 'must' or 'will' used in the instructions discussed [in other cases]. Should is advisory. It is not an imperative. The district court did not err in giving this instruction."”

   1 later decision quote this exact passage
   e.g. 55 Kan. App. 2d 595 - State v. Green