5 Kansas opinions name it 2 courts 1995–2026 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.
| Case | Followed | Cited |
|---|---|---|
Catlin v. Sobolgreen1 sentence2026See 3 Treatise on Const. L. § 17.6 (Irrebuttable Presumptions); see also Catlin v. Sobol, 93 F.3d 1112, 1118 (2d Cir. 1996) ("'By masking substantive decisions in procedural language, the Supreme Court, in the irrebuttable presumption cases, confused due process and equal protection analysis.'") (quoting 2 Rotunda and Nowak, Treatise on Constitutional Law, § 17.6 [1992]); Brennan v. Stewart, 834 F.2d 1248, 1258 (5th Cir. 1988) ("The 'irrebuttable presumption' doctrine was a strange hybrid of 'procedural' due process and equal protection invented by the Supreme Court in the early 1970s, and lai | 1 | 1 |
Brennan v. Stewartgreen1 sentence2026See 3 Treatise on Const. L. § 17.6 (Irrebuttable Presumptions); see also Catlin v. Sobol, 93 F.3d 1112, 1118 (2d Cir. 1996) ("'By masking substantive decisions in procedural language, the Supreme Court, in the irrebuttable presumption cases, confused due process and equal protection analysis.'") (quoting 2 Rotunda and Nowak, Treatise on Constitutional Law, § 17.6 [1992]); Brennan v. Stewart, 834 F.2d 1248, 1258 (5th Cir. 1988) ("The 'irrebuttable presumption' doctrine was a strange hybrid of 'procedural' due process and equal protection invented by the Supreme Court in the early 1970s, and lai | 1 | 1 |
Com. v. Muhammad, T.green2 sentences2026It then applied a three-part test to determine whether this irrebuttable presumption was unconstitutional, looking at whether: (1) it encroaches on an interest protected by the Due Process Clause; (2) the presumption is not universally true; and (3) reasonable alternative means exist for ascertaining the presumed fact. 241 A.3d at 1155 . 2026See Muhammad, 241 A.3d at 1158 (finding sex offender registration requirement unconstitutional, in part, because it violates an offender's procedural due process right by not allowing the offender an opportunity to be heard on the risk of recidivism); Commonwealth v. Torsilieri, 659 Pa. 359 , 382, 232 A.3d 567 (2020) (refusing to pigeonhole whether an analysis of an irrebuttable presumption involves substantive or procedural due process). | 1 | 1 |
Sandstrom v. Montanagreen2 sentences2001See Sandstrom v. Montana, 442 U.S. 510, 523-24 , 61 L. 2001See Sandstrom v. Montana, 442 U.S. 510, 523-24 , 61 L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2008On the other hand, the Court observed that the type of claim presented in Cuyler warrants a more limited presumption which does not equal a per se rule of prejudice, but rather requires a showing of an actual conflict that affects the lawyer’s performance. 466 U.S. at 692 . 2008On the other hand, the Court observed that the type of claim presented in Cuyler warrants a more limited presumption which does not equal a per se rule of prejudice, but rather requires a showing of an actual conflict that affects the lawyer's performance. 466 U.S. at 692 , 104 S.Ct. 2052 . | 2 | 2008–2008 |
Michael H. v. Gerald D.
green
2 sentences2026The Court found the statute did not create an irrebuttable presumption but was a substantive rule of law. 491 U.S. at 119-20 . 2026The Court found the statute did not create an irrebuttable presumption but was a substantive rule of law. 491 U.S. at 119-20 . | 1 | 2026–2026 |
State v. Larson
green
2 sentences2026We rejected a similar challenge to a DUI statute in State v. Larson, 12 Kan. 2026But since the statute does not allow a defendant who has driven with a blood alcohol concentration of 0.08 to dispute his ability to drive safely, we found the Legislature created a rule of law, not an irrebuttable presumption. 12 Kan. | 1 | 2026–2026 |
Cleveland Board of Education v. LaFleur
green
2 sentences2026He relies on two cases—Cleveland Board of Education v. LaFleur, 414 U.S. 632 , 94 S. Ct. 791 , 39 L. 2026He relies on two cases—Cleveland Board of Education v. LaFleur, 414 U.S. 632 , 94 S. Ct. 791 , 39 L. | 1 | 2026–2026 |
In Re the Welfare of L.J.S.
green
1 sentence2001The statute provides that the juvenile may rebut the presumption by showing that public safety would be served if the juvenile court retained jurisdiction. 539 N.W.2d at 412 (citing Minn. Stat. § 260.125 , subd. 2a [1994]). | 1 | 2001–2001 |
Leon G. Smith and Karen H. Smith v. D. Keith Whatcott, Phillip Taylor, Taywin, Inc., Taycor Ltd. And Burke Cloward
green
1 sentence1995In Koch, the federal district court stated: “If a substantial relationship is found, an irrebuttable presumption arises that the former client revealed facts requiring the attorney’s disqualification. [Trone v.] Smith, 757 F.2d at 1100 . | 1 | 1995–1995 |
Parker v. Volkswagenwerk Aktiengesellschaft
green
1 sentence1995If it is established that such information has been acquired, then under Parker, 248 Kan. at 570 , and Lansing-Delaware, 245 Kan. at 589 , “both the attorney and the finn with whom he or she is presently associated are disqualified.” If it is established that no such information has been acquired, then neither the attorney nor the firm with whom he or she is presently associated are disqualified. | 1 | 1995–1995 |
Lansing-Delaware Water District v. Oak Lane Park, Inc.
green
1 sentence1995If it is established that such information has been acquired, then under Parker, 248 Kan. at 570 , and Lansing-Delaware, 245 Kan. at 589 , “both the attorney and the finn with whom he or she is presently associated are disqualified.” If it is established that no such information has been acquired, then neither the attorney nor the firm with whom he or she is presently associated are disqualified. | 1 | 1995–1995 |
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.