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← 555 P.2d 85 - Kirk v. State

Kirk v. State’s Empirical Analysis

1976

Citation profile

10
cited by 10 later decisions
1
states following
September 1992
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently September 1992

10 state decisions

60197619801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Britt v. North Carolina · Mayer v. City of Chicago · Brinlee v. State · Wright v. State · Little v. Turner

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. ““Looking at the entire record as a whole, as we must under Andrews v. State, 84" Okl.Cr. 104, 179 P.2d 491 (1947), we find no reason to believe that the trial court abused its discretion by overruling the Motion for Continuance in this case. The defendant had ample time to procure a transcript but failed to do so. If such failure was unavoidable then there is a two-fold test to apply. First, did the defendant exercise due diligence in trying to obtain a transcript and did he timely notify the court of this problem? The record is clear that there is no evidence that defendant did either., Secondly, after examining the record, is there evidence that the defendant was prejudiced by a lack of said continuance? Once again we find the answer to be in the negative. Defendant’s Motion for Continuance fails to show by affidavit or other means what testimony he requires prior to trial. The record of the trial reveals a more than adequate defense. Defendant cross-examined the State’s witnesses at length. At no time did he show that he was hampered or handicapped by a lack of a transcript. . . ””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.