6 Kan. App. 2d 750 - State v. Johnson’s Empirical Analysis

Citation profile

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

1. ““The prosecution presented this case to the trial court and argued it to the jury on the theory that defendant’s conduct constituted aggravated assault that was not justified because it was excessive conduct under the circumstances. In other words, the theory of the prosecution was that defendant’s conduct exceeded that permitted a private citizen in defense of property of his which is other than his dwelling and exceeded that permitted a private citizen when making a ‘citizen’s arrest.’ See K.S.A. 22-2403; K.S.A. 21-3216. “The authors of Pattern Instructions for Kansas' — Criminal say K.S.A. 21-3213 is the only statute which makes the ‘reasonable man’ the standard as relates to force. PIK Crim. Comment, p. 95. K.S.A. 21-3216(1) and K.S.A. 21-3215(1) make the reasonable belief of the actor the standard as relates to force. Definition and application of those standards under the facts of a particular case are uniquely matters for resolution by the trier of fact; that is, a job for the jury.” (Emphasis added.) 6 Kan. App. 2d at 752-53 .”

   1 later decision quote this exact passage
   e.g. 8 Kan. App. 2d 277 - Lewis v. Marmon