53 Kan. App. 2d 355 - State v. Hambright’s Empirical Analysis

Citation profile

2 district · 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a sentence 'which is inconsistent with the presumptive sentence for an offender,'”

   2 later decisions quote this exact passage
   e.g. United States v. Wheaton · State v. Hambright

2. “"(c) For all crimes committed on or after July 1, 1993, the duration of probation in felony cases sentenced for the following severity levels on the sentencing guidelines grid for nondrug crimes and the sentencing guidelines grid for drug crimes is as follows: (1) For nondrug crimes the recommended duration of probation is: (A) 36 months for crimes in crime severity levels 1 through 5; and (B) 24 months for crimes in crime severity levels 6 and 7 ; (2) for drug crimes the recommended duration of probation is 36 months for crimes in crime severity levels 1 and 2 committed prior to July 1, 2012, and crimes in crime severity levels 1, 2 and 3 committed on or after July 1, 2012; (3) except as provided further, in felony cases sentenced at severity levels 9 and 10 on the sentencing guidelines grid for nondrug crimes, severity level 4 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 5 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, if a nonprison sanction is imposed, the court shall order the defendant to serve a period of probation of up to 12 months in length; (4) in felony cases sentenced at severity level 8 on the sentencing guidelines grid for nondrug crimes, severity level 3 on the sentencing guidelines grid for drug crimes committed prior to July 1, 2012, and severity level 4 of the sentencing guidelines grid for drug crimes committed on or after July 1, 2012, and felony cases sentence”

   1 later decision quote this exact passage
   e.g. State v. Hambright

3. “terms in subsections (c)(1) and (c)(2). But those mandatory probation terms can be increased under subsection (c)(5) if the sentencing court finds and sets forth with particularity the reasons that the safety of the public or the welfare of the inmate will not be served by the mandatory terms. Subsection (c)(5) expressly declares that an increase based on those findings is not considered a departure. The Court of Appeals opined that”

   1 later decision quote this exact passage
   e.g. State v. Hambright