concluded instruction in Kansas

2001This court concluded that the violation of the order in limine prejudiced the defendant, and the judgment was reversed. 242 Kan. at 265 .

1996Because no reasonable person would agree with the trial court’s decision that the facts elicited by the State after the violation *97 made it possible to proceed without substantial injustice to Massey, this court found that the trial court abused its discretion in failing to grant a mistrial. 242 Kan. at 265 .

2025On appeal, a panel of this court concluded that his claim was a challenge to the charging document and as such was not a proper motion to correct an illegal sentence under State v. LaMae, 303 Kan. 993, 993-94 , 368 P.3d 1110 (2016).

2025On appeal, a panel of this court concluded that his claim was a challenge to the charging document and as such was not a proper motion to correct an illegal sentence under State v. LaMae, 303 Kan. 993, 993-94 , 368 P.3d 1110 (2016).

2024In Neder, the Court concluded the error was harmless because "the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error." 527 U.S. at 17 .

2024Our Supreme Court in State v. Macomber, 309 Kan. 907 , 924, 441 P.3d 479 (2019), noted that the Pennington panel made the finding in dicta and stated that whether the presumption is rebuttable "arguably remains an open question." Still, the Macomber court did not specifically find that the presumption is not rebuttable and also noted that refutability "is supportable under the caselaw." 309 Kan. 924 (noting also that Kansas Legislature has specifically drafted certain statutes as requiring "conclusive" presumptions).

2022There, this court concluded it was error for the trial court to admit a photograph that showed victim "cut open from chin to groin and laid out like a disemboweled beef in a packing plant" and " could be but for a single purpose—to inflame the minds of the members of the jury." Boyd, 216 Kan. at 377 . 19 We conclude the autopsy photographs were relevant and that the district court did not abuse its discretion in concluding they were not unduly prejudicial.

2020This court concluded that such error existed in Richardson's case, because the fleeing and eluding statute did not define "moving violations" and "[t]he definition of moving violation [was] not a simple matter of common knowledge among jurors." 290 Kan. at 181 .

2017There can be little question that the present tax is neither an ad valorem tax nor a sales, use or earnings tax." Callaway, 211 Kan. at 654 . 28 The court concluded its analysis of whether the occupation tax was permissible by stating: "We are, however, of the opinion that the limitation upon the home rule power of a city to impose excise taxes (K.S.A. 1971 Supp. 79-4424) prohibits a city from imposing such taxes upon a transactional basis, i.e., upon each sale, transfer or use of personal or real property or upon each rendition of service by a licensee or taxpayer." 211 Kan. at 655 .

2017There can be little question that the present tax is neither an ad valorem tax nor a sales, use or earnings tax." Callaway, 211 Kan. at 654 . 28 The court concluded its analysis of whether the occupation tax was permissible by stating: "We are, however, of the opinion that the limitation upon the home rule power of a city to impose excise taxes (K.S.A. 1971 Supp. 79-4424) prohibits a city from imposing such taxes upon a transactional basis, i.e., upon each sale, transfer or use of personal or real property or upon each rendition of service by a licensee or taxpayer." 211 Kan. at 655 .

2016In Thompson , the Arizona Supreme Court reiterated its concern about undue emphasis on the passage of time in a premeditation jury instruction. 204 Ariz. at 476 .

2016In Thompson, the Arizona Supreme Court reiterated its concern about undue emphasis on the passage of time in a premeditation jury instruction. 204 Ariz. at 476 .

2016Instead, the court concluded that the analysis of Roe v. Flores-Ortega, 528 U.S. 470 , 120 S. Ct. 1029 , 145 L.

2016Instead, the court concluded that the analysis of Roe v. Flores-Ortega, 528 U.S. 470 , 120 S. Ct. 1029 , 145 L.

2016The court concluded that the instruction before it, read as a whole, properly instructed tire jury on premeditation. 161 Ariz. at 294 .

2016The court concluded that the instruction before it, read as a whole, properly instructed the jury on premeditation. 161 Ariz. at 294 .

2015As noted above, in Neal , this court concluded that a challenge to a district court’s criminal history score calculation can be raised pursuant to K.S.A. 22-3504(1) because such a challenge essentially raises a claim that the sentence imposed does not conform with the applicable statutory provision regarding the term of punishment authorized for the current conviction. 292 Kan. at 631 .

2014Kleypas, 272 Kan. at 1078-79 .

2013This court concluded that the instruction was prejudicially erroneous; instead, the jury should have received an instruction that “the highest standard of care is required when dealing with a dangerous instrumentality.” 269 Kan. at 425-26 .

2011The court concluded this instruction sent a message to the jury that if it found the defendant guilty of attempted second-degree murder it need not consider attempted voluntary manslaughter. 275 Kan. at 840 . *52 Graham relied upon a factually similar case, State v. Cribbs, 29 Kan.

2011The court concluded this instruction sent a message to the jury that if it found the defendant guilty of attempted second-degree murder it need not consider attempted voluntary manslaughter. 275 Kan. at 840 . *52 Graham relied upon a factually similar case, State v. Cribbs, 29 Kan.

2011App. 2d 919 , 34 P.3d 76 (2001), in which the district court erroneously instructed the jury using PIK Crim. 3d 56.05, Alternative A, rather than Alternative B, although the defendant was not charged with attempted voluntary manslaughter.

2009As a result, this court concluded that defense counsel was not ineffective. 26 Kan.App.2d at 829 , 995 P.2d 397 .

2009As a result, this court concluded that defense counsel was not ineffective. 26 Kan.App.2d at 829 , 995 P.2d 397 .

2009Instead, the court concluded that the rule enunciated in numerous cases regarding the duty of an occupier of property to exercise reasonable care for those invited or lawfully upon the premises should apply. 40 Kan.

2008The court concluded that the rule allowing ID and records checks of drivers should apply equally to car owners who were passengers: "No different than a minimal detention of an owner-driver for this type of inquiry, the minimal detention of the owner-passenger for these purposes was reasonable and lawful." 139 N.M. at 617 , 136 P.3d 1022 .

2008The court concluded that the rule allowing ID and records checks of drivers should apply equally to car owners who were passengers: "No different than a minimal detention of an owner-driver for this type of inquiry, the minimal detention of the owner-passenger for these purposes was reasonable and lawful." 139 N.M. at 617 , 136 P.3d 1022 .

2006Swickard, 26 Kan.

2004Thus, we have no choice but to reverse the defendant’s convictions.” 265 Kan. at 89 .

2001Ed. 2d 601 , 85 S. Ct. 1731 ] (1965), the Court concluded that the rule *870 announced in Batson should not be applied retroactively on collateral review of convictions that became final before Batson was announced.” 489 U.S. at 295 .

2001Ed. 2d 601 , 85 S. Ct. 1731 ] (1965), the Court concluded that the rule *870 announced in Batson should not be applied retroactively on collateral review of convictions that became final before Batson was announced.” 489 U.S. at 295 .

2001The Likins court noted: “The record affirmatively show[ed] defendant was advised of his right to counsel and waived that right” and there was no evidence “suggesting any irregularity” with the prior plea. 21 Kan.

1997In State v. Vargas , 265 A.2d 345 (Connecticut 1969), the court concluded that the challenge to a building code ordinance that had been in existence fourteen years was insufficient due to the lapse of time and the fact that its legality had never been challenged.

1994This court concluded the instruction was not clearly erroneous based on the holding in State v. Willis, 240 Kan. 580 , 731 P.2d 287 (1987), involving an unobjected-to instruction with the following similar language: “ ‘It is for you to determine the weight and credit to be given the testimony of each witness.

1994This court concluded the instruction was not clearly erroneous based on the holding in State v. Willis, 240 Kan. 580 , 731 P.2d 287 (1987), involving an unobjected-to instruction with the following similar language: “ ‘It is for you to determine the weight and credit to be given the testimony of each witness.

1992The court concluded an error not affecting the main issue of the cáse should be corrected if it is possible to do so without disturbing the decision of the main issue. 243 Kan. at 19 (reviewing Kremer v. Kremer, 76 Kan. 134 , 90 Pac. 998 [1907]).

1992The court concluded an error not affecting the main issue of the cáse should be corrected if it is possible to do so without disturbing the decision of the main issue. 243 Kan. at 19 (reviewing Kremer v. Kremer, 76 Kan. 134 , 90 Pac. 998 [1907]).

1991Because Sweet acknowledged receipt of the handbook outlining the conditions of her employment contract and her rights thereunder, the court concluded that the requirement of notice of intent to terminate was reasonable because it was consistent with the hospital's need to be adequately staffed for the health and safety of its patients. 231 Kan. at 611 . *133 Brown argues that, along this line, defendant UMH distributed the manuals to provide employees notice of the written leave of absence policy and, in that way, took positive steps to bind itself and its employees to this policy by requiring

1991Because Sweet acknowledged receipt of the handbook outlining the conditions of her employment contract and her rights thereunder, the court concluded that the requirement of notice of intent to terminate was reasonable because it was consistent with the hospital’s need to be adequately staffed for the health and safety of its patients. 231 Kan. at 611 .