burden to establish clear error (Kansas) · Go Syfert
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burden to establish clear error in Kansas

7 Kansas opinions name it 2 courts 2014–2026 6 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 (4)

CaseFollowedCited
State v. Gentrygreen
kan · 2019 · cited in 3 Kansas opinions naming this issue, 2021–2022
2 sentences

2022See K.S.A. 2020 Supp. 22- 3414(3) (unpreserved instructional error is reviewed for clear error); State v. Gentry, 310 Kan. 715 , 721, 449 P.3d 429 (2019) (Under clear error standard, appellate court must decide whether it is firmly convinced that the jury would have reached a different verdict had the instruction error not occurred, and the burden to establish clear error is on defendant.).

2022See K.S.A. 2020 Supp. 22- 3414(3) (unpreserved instructional error is reviewed for clear error); State v. Gentry, 310 Kan. 715 , 721, 449 P.3d 429 (2019) (Under clear error standard, appellate court must decide whether it is firmly convinced that the jury would have reached a different verdict had the instruction error not occurred, and the burden to establish clear error is on defendant.).

23
State v. Blansettgreen
kan · 2019 · cited in 1 Kansas opinions naming this issue, 2026–2026
2 sentences

2026See Bentley, 317 Kan. at 242.

2026State v. Bentley, 317 Kan. 222 , 242, 526 P.3d 1060 (2023).

11
State v. Holleygreen
kan · 2021 · cited in 1 Kansas opinions naming this issue, 2024–2024
2 sentences

2024See State v. Martinez, 317 Kan. 151 , 162, 527 P.3d 531 (2023).

2024See State v. Martinez, 317 Kan. 151 , 162, 527 P.3d 531 (2023).

11
State v. Buck-Schraggreen
kan · 2020 · cited in 1 Kansas opinions naming this issue, 2021–2021
1 sentence

2021See 312 Kan. at 550.

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 (1)

CaseCitedYears
State v. Williams green
kan · 2012
1 sentence

2014The defendant bears the burden to establish clear error. 295 Kan. at 515-16 .

12014–2014

Statutes the citing opinions construe

KS § K.S.A. § 60-455 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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