fact without inference presumption (Kansas) · Go Syfert
← Kansas issues

fact without inference presumption in Kansas

5 Kansas opinions name it 2 courts 1990–2024 2 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 (3)

CaseFollowedCited
State v. Scaifegreen
kan · 2008 · cited in 3 Kansas opinions naming this issue, 2016–2024
2 sentences

2024"Direct evidence is such evidence which, if believed, proves the existence of a fact without inference or presumption, as for example the testimony of an eyewitness as to what he or she actually saw, heard, or touched." State v. Scaife, 286 Kan. 614, 620 , 186 P.3d 755 (2008).

2024"Direct evidence is such evidence which, if believed, proves the existence of a fact without inference or presumption, as for example the testimony of an eyewitness as to what he or she actually saw, heard, or touched." State v. Scaife, 286 Kan. 614, 620 , 186 P.3d 755 (2008).

13
State v. Corbettgreen
kan · 2006 · cited in 1 Kansas opinions naming this issue, 2008–2008
2 sentences

2008See State v. Corbett, 281 Kan. 294, 309 , 130 P.3d 1179 (2006).

2008See State v. Corbett, 281 Kan. 294, 309 , 130 P.3d 1179 (2006).

11
Mikele S. CARTER, Plaintiff-Appellee, v. CITY OF MIAMI, Jose Garcia-Pendrosa, Defendants-Appellantsgreen
ca11 · 1989 · cited in 1 Kansas opinions naming this issue, 1990–1990
2 sentences

1990In a recent case, Carter v. City of Miami, 870 F.2d 578, 581 (11th Cir. 1989), the court held that: “Initially, a plaintiff must establish a prima facie case of discrimination through one of three generally accepted methods: by direct evidence-of discriminatory intent; by meeting the four-pronged test set out for Title VII cases in McDonnell Douglas Corp. [citation omitted]; or through statistical proof.” The court-further stated: “Direct evidence of discrimination would be evidence which, if believed, would prove the existence of a fact without inference or presumption.” - 870 F.2d at 581-82

1990In a recent case, Carter v. City of Miami, 870 F.2d 578, 581 (11th Cir. 1989), the court held that: “Initially, a plaintiff must establish a prima facie case of discrimination through one of three generally accepted methods: by direct evidence-of discriminatory intent; by meeting the four-pronged test set out for Title VII cases in McDonnell Douglas Corp. [citation omitted]; or through statistical proof.” The court-further stated: “Direct evidence of discrimination would be evidence which, if believed, would prove the existence of a fact without inference or presumption.” - 870 F.2d at 581-82

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
State v. Evans green
kan · 2003
2 sentences

2024And "'[c]ircumstantial evidence tends to prove a fact in issue by proving other events or circumstances which afford a basis for reasonable inference by the jury of the occurrence of the fact in issue.'" State v. Evans, 275 Kan. 95, 105 , 62 P.3d 220 (2003).

2024And "'[c]ircumstantial evidence tends to prove a fact in issue by proving other events or circumstances which afford a basis for reasonable inference by the jury of the occurrence of the fact in issue.'" State v. Evans, 275 Kan. 95, 105 , 62 P.3d 220 (2003).

22022–2024
State v. Sanders green
kan · 1995
2 sentences

2008State v. Sanders, 258 Kan. 409, 416 , 904 P.2d 951 (1995)," (Emphasis added.) State v. Scaife, op. at 760. *765 The majority then defines direct evidence as evidence that, if believed, "proves the existence of a fact without inference or presumption, as for example the testimony of an eyewitness as to what he or she actually saw, heard, or touched.

2008State v. Sanders, 258 Kan. 409, 416 , 904 P.2d 951 (1995)," (Emphasis added.) State v. Scaife, op. at 760. *765 The majority then defines direct evidence as evidence that, if believed, "proves the existence of a fact without inference or presumption, as for example the testimony of an eyewitness as to what he or she actually saw, heard, or touched.

12008–2008

Where else courts name it

MN 71 (2004–2035) IN 14 (2001–2023) CA 11 (2005–2026) OH 7 (2007–2026) KS 5 (1990–2024) SC 4 (2001–2022) NM 4 (1981–2003) IL 2 (1986–2022) TN 2 (2000–2006) GA 2 (2011–2023) MI 2 (2020–2024)

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.

← Caselaw search · G Cite Topics · Brief Check