avoidance doctrine in Kansas

5 Kansas opinions name it 1 courts 2004–2021 1 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
State v. Marshgreen kan · 2004 · cited in 4 Kansas opinions naming this issue, 2005–2021 2 sentences 2021See State v. Marsh, 278 Kan. 520, 539 , 102 P.3d 445 (2004) ("the avoidance doctrine is applied appropriately only when a statute is ambiguous, vague, or overbroad"), rev'd on other grounds 548 U.S. 163 , 126 S. Ct. 2516 , 165 L. 2021See State v. Marsh, 278 Kan. 520, 539 , 102 P.3d 445 (2004) ("the avoidance doctrine is applied appropriately only when a statute is ambiguous, vague, or overbroad"), rev'd on other grounds 548 U.S. 163 , 126 S. Ct. 2516 , 165 L.	2	4
Kansas v. Marshgreen scotus · 2006 · cited in 1 Kansas opinions naming this issue, 2021–2021 2 sentences 2021See State v. Marsh, 278 Kan. 520, 539 , 102 P.3d 445 (2004) ("the avoidance doctrine is applied appropriately only when a statute is ambiguous, vague, or overbroad"), rev'd on other grounds 548 U.S. 163 , 126 S. Ct. 2516 , 165 L. 2021See State v. Marsh, 278 Kan. 520, 539 , 102 P.3d 445 (2004) ("the avoidance doctrine is applied appropriately only when a statute is ambiguous, vague, or overbroad"), rev'd on other grounds 548 U.S. 163 , 126 S. Ct. 2516 , 165 L.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
State v. Durrant green kan · 1989 2 sentences 2016In State v. Durrant, 244 Kan. 522, 534 , 769 P.2d 1174 (1989), we stated: “This court not only has die authority, but also the duly, to construe a statute in such a manner that it is constitutional if die same can be done within the apparent intent of the legislature in passing the statute. 2016In State v. Durrant, 244 Kan. 522, 534 , 769 P.2d 1174 (1989), we stated: “This court not only has die authority, but also the duly, to construe a statute in such a manner that it is constitutional if die same can be done within the apparent intent of the legislature in passing the statute.	2	2004–2016
Almendarez-Torres v. United States red scotus · 1998 1 sentence 2016The “ ‘basic democratic function’ ” of the avoidance doctrine is to maintain “ ‘a set of statutes that reflect, rather than distort, the policy choices that elected representatives have made.’” Marsh, 278 Kan. at 538 (quoting Almendarez-Torres, 523 U.S. at 238 ).	1	2016–2016
United States v. Dixon green scotus · 1993 2 sentences 2004Although we should not casually discard precedent, neither should we shy away from admitting "`when governing decisions are unworkable or are badly reasoned.'" United States v. Dixon, 509 U.S. 688, 712 , 125 L. 2004Although we should not casually discard precedent, neither should we shy away from admitting "`when governing decisions are unworkable or are badly reasoned.'" United States v. Dixon, 509 U.S. 688, 712 , 125 L.	1	2004–2004

Where else courts name it

GA 12 (1968–2018) TX 5 (1985–2019) KS 5 (2004–2021) OR 4 (1971–2005) WA 4 (2011–2020) KY 4 (1943–2024) MI 4 (1977–2023) MO 3 (1899–2021) DC 3 (2010–2024) FL 3 (2000–2018) SC 3 (1998–2025) IA 3 (1907–1966) WI 2 (1984–2023) IL 2 (1957–2021) AR 2 (2003–2009) CO 2 (1995–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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