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29 Kansas opinions name it 2 courts 1979–2026 7 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 |
|---|---|---|
State v. Lewisgreen2 sentences2018I agree with my colleagues that to analyze this question an appellate court looks to the eight factors most recently reprised in Lewis , 299 Kan. at 835 , 326 P.3d 387 . 2018I agree with my colleagues that to analyze this question an appellate court looks to the eight factors most recently reprised in Lewis , 299 Kan. at 835 , 326 P.3d 387 . | 1 | 2 |
Taco Bell v. City of Missiongreen2 sentences2024Therefore, the "traditional tests of reasonableness were not abandoned but are enhanced by the eight factors which provide a reviewing court with a basis for testing the action of a governing body in a meaningful way." Taco Bell, 234 Kan. at 887 . 39 Here, the Woodsonia West Development's impact on the surrounding neighborhood and its character carries a significance that would not be the same if the proposed development were a commercial property surrounded by other commercial properties. 1989“The traditional tests of reasonableness were not abandoned but are enhanced by the eight factors which provide a reviewing court with a basis for testing the action of a governing body in a meaningful way.” Taco Bell v. City of Mission, 234 Kan. 879, 887 , 678 P.2d 133 (1984). | 1 | 2 |
State v. WARRIORgreen2 sentences2026Guein, 309 Kan. at 1254 ; see State v. Lewis, 299 Kan. 828, 836-37 , 326 P.3d 387 (2014) (interrogation at detective bureau in interrogation room points toward custodial interrogation); State v. Warrior, 294 Kan. 484, 497 , 277 P.3d 1111 (2012) (same); Lewis, 299 Kan. at 832, 835 (10 minutes of questioning did not weigh in favor of finding custodial interrogation); State v. Bridges, 297 Kan. 989, 1009 , 306 P.3d 244 (2013) (30-minute interview suggested noncustodial interview); Lewis, 299 Kan. at 836 (one officer present weighed against custodial interrogation); Warrior, 294 Kan. at 498 (notin 2026Guein, 309 Kan. at 1254 ; see State v. Lewis, 299 Kan. 828, 836-37 , 326 P.3d 387 (2014) (interrogation at detective bureau in interrogation room points toward custodial interrogation); State v. Warrior, 294 Kan. 484, 497 , 277 P.3d 1111 (2012) (same); Lewis, 299 Kan. at 832, 835 (10 minutes of questioning did not weigh in favor of finding custodial interrogation); State v. Bridges, 297 Kan. 989, 1009 , 306 P.3d 244 (2013) (30-minute interview suggested noncustodial interview); Lewis, 299 Kan. at 836 (one officer present weighed against custodial interrogation); Warrior, 294 Kan. at 498 (notin | 1 | 1 |
In re D.D.M.green1 sentence2022See In re D.D.M., 291 Kan. at 893 . | 1 | 1 |
Landau v. City Council of Overland Parkgreen2 sentences2022Because cities and counties are entitled to determine how land within their boundaries is zoned, "[n]o court should substitute its judgment for the judgment of the elected governing body merely on the basis of a differing opinion as to what is a better policy in a specific zoning situation." Landau v. City Council of Overland Park, 244 Kan. 257, 274 , 767 P.2d 1290 (1989) ("Elected officials are closer to the electorate than the courts and, consequently, are more reflective of the community's perception of its image."). 2022Because cities and counties are entitled to determine how land within their boundaries is zoned, "[n]o court should substitute its judgment for the judgment of the elected governing body merely on the basis of a differing opinion as to what is a better policy in a specific zoning situation." Landau v. City Council of Overland Park, 244 Kan. 257, 274 , 767 P.2d 1290 (1989) ("Elected officials are closer to the electorate than the courts and, consequently, are more reflective of the community's perception of its image."). | 1 | 1 |
Unruh v. PURINA MILLS, LLCgreen2 sentences2021See Unruh v. Purina Mills, 289 Kan. 1185, 1200 , 221 P.3d 1130 (2009); Johnson, 281 Kan. at 940 . 19 The Kansas Supreme Court has adopted the eight factors in Rule 1.5(a) (2020 Kan. 2021See Unruh v. Purina Mills, 289 Kan. 1185, 1200 , 221 P.3d 1130 (2009); Johnson, 281 Kan. at 940 . 19 The Kansas Supreme Court has adopted the eight factors in Rule 1.5(a) (2020 Kan. | 1 | 1 |
Peck v. University Residence Committeegreen1 sentence2020See 248 Kan. at 455, 458-61 . | 1 | 1 |
Davis v. Millergreen1 sentence2009See Davis, 269 Kan. at 751 . | 1 | 1 |
Union Quarries, Inc. v. Board of County Commissionersgreen2 sentences2009The Board further argues that because the action was not quasi-judicial, the zoning body does not “conduct the hearing in a manner similar to a court proceeding, and then weigh the evidence presented, balance the equities, apply rules, regulations and ordinances to facts, and resolve specific issues.” Instead, “the zoning body has complete discretion to do what it thinks to be best in the interests of tire jurisdiction as a whole,” and the decision only has to bear a rational relationship to the protection of the public safety and “general welfare of the jurisdiction.” In short, the Board argu 2009The Board further argues that because the action was not quasi-judicial, the zoning body does not “conduct the hearing in a manner similar to a court proceeding, and then weigh the evidence presented, balance the equities, apply rules, regulations and ordinances to facts, and resolve specific issues.” Instead, “the zoning body has complete discretion to do what it thinks to be best in the interests of tire jurisdiction as a whole,” and the decision only has to bear a rational relationship to the protection of the public safety and “general welfare of the jurisdiction.” In short, the Board argu | 1 | 1 |
Williams v. Williamsgreen2 sentences2008See Williams, 219 Kan. at 306 , 548 P.2d 794 (setting out the original eight factors that should be considered in fixing maintenance). 2008See Williams, 219 Kan. at 306 , 548 P.2d 794 (setting out the original eight factors that should be considered in fixing maintenance). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Westhoff Sand Co.
green
2 sentences2023In re Estate of Oroke, 310 Kan. 305 , 319, 445 P.3d 742 (2019); Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 (2006). 2021See Unruh v. Purina Mills, 289 Kan. 1185, 1200 , 221 P.3d 1130 (2009); Johnson, 281 Kan. at 940 . 19 The Kansas Supreme Court has adopted the eight factors in Rule 1.5(a) (2020 Kan. | 4 | 2020–2023 |
State v. Russo
green
2 sentences2006In so doing the panel, like the first panel, reviewed and applied the eight factors set forth in State v. Russo, 230 Kan. 5 , Syl. ¶ 4, 630 P.2d 711 (1981), and came to the same conclusion that a balancing of all the factors favor reinstatement of the petitioner. 2006In so doing the panel, like the first panel, reviewed and applied the eight factors set forth in State v. Russo, 230 Kan. 5 , Syl. ¶ 4, 630 P.2d 711 (1981), and came to the same conclusion that a balancing of all the factors favor reinstatement of the petitioner. | 2 | 1998–2006 |
State v. Breazeale
green
2 sentences1994State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986).” State v. Mason, 250 Kan. 393, 404 , 827 P.2d 748 (1992). 1994State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986).” State v. Mason, 250 Kan. 393, 404 , 827 P.2d 748 (1992). | 2 | 1992–1994 |
State v. Nunn
green
2 sentences1994Questions regarding the admissibility of prior crimes evidence pursuant to K.S.A. 60-455 are within the discretion of the trial court “whose ruling will not be interfered with on review unless that discretion was abused, or unless the trial judge admitted evidence that clearly had no bearing on any of the issues.” State v. Nunn, 244 Kan. 207, 210-11 , 768 P.2d 268 (1989); “In ruling on the admissibility of prior crimes evidence pursuant to K.S.A. 60-455, the trial court must: (1) determine it is relevant to prove one of the eight factors specified in the statute; (2) determine the fact is a di 1994Questions regarding the admissibility of prior crimes evidence pursuant to K.S.A. 60-455 are within the discretion of the trial court “whose ruling will not be interfered with on review unless that discretion was abused, or unless the trial judge admitted evidence that clearly had no bearing on any of the issues.” State v. Nunn, 244 Kan. 207, 210-11 , 768 P.2d 268 (1989); “In ruling on the admissibility of prior crimes evidence pursuant to K.S.A. 60-455, the trial court must: (1) determine it is relevant to prove one of the eight factors specified in the statute; (2) determine the fact is a di | 2 | 1992–1994 |
Zaragoza v. United States
green
2 sentences1994State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986).” State v. Mason, 250 Kan. 393, 404 , 827 P.2d 748 (1992). 1992State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986). | 2 | 1992–1994 |
State v. Bridges
green
2 sentences2026Guein, 309 Kan. at 1254 ; see State v. Lewis, 299 Kan. 828, 836-37 , 326 P.3d 387 (2014) (interrogation at detective bureau in interrogation room points toward custodial interrogation); State v. Warrior, 294 Kan. 484, 497 , 277 P.3d 1111 (2012) (same); Lewis, 299 Kan. at 832, 835 (10 minutes of questioning did not weigh in favor of finding custodial interrogation); State v. Bridges, 297 Kan. 989, 1009 , 306 P.3d 244 (2013) (30-minute interview suggested noncustodial interview); Lewis, 299 Kan. at 836 (one officer present weighed against custodial interrogation); Warrior, 294 Kan. at 498 (notin 2026Guein, 309 Kan. at 1254 ; see State v. Lewis, 299 Kan. 828, 836-37 , 326 P.3d 387 (2014) (interrogation at detective bureau in interrogation room points toward custodial interrogation); State v. Warrior, 294 Kan. 484, 497 , 277 P.3d 1111 (2012) (same); Lewis, 299 Kan. at 832, 835 (10 minutes of questioning did not weigh in favor of finding custodial interrogation); State v. Bridges, 297 Kan. 989, 1009 , 306 P.3d 244 (2013) (30-minute interview suggested noncustodial interview); Lewis, 299 Kan. at 836 (one officer present weighed against custodial interrogation); Warrior, 294 Kan. at 498 (notin | 1 | 2026–2026 |
State v. Guein
green
1 sentence2026Guein, 309 Kan. at 1254 ; see State v. Lewis, 299 Kan. 828, 836-37 , 326 P.3d 387 (2014) (interrogation at detective bureau in interrogation room points toward custodial interrogation); State v. Warrior, 294 Kan. 484, 497 , 277 P.3d 1111 (2012) (same); Lewis, 299 Kan. at 832, 835 (10 minutes of questioning did not weigh in favor of finding custodial interrogation); State v. Bridges, 297 Kan. 989, 1009 , 306 P.3d 244 (2013) (30-minute interview suggested noncustodial interview); Lewis, 299 Kan. at 836 (one officer present weighed against custodial interrogation); Warrior, 294 Kan. at 498 (notin | 1 | 2026–2026 |
In re Estate of Oroke
green
1 sentence2023In re Estate of Oroke, 310 Kan. 305 , 319, 445 P.3d 742 (2019); Johnson v. Westhoff Sand Co., 281 Kan. 930, 940-41 , 135 P.3d 1127 (2006). | 1 | 2023–2023 |
K-S Center Co. v. City of Kansas City
green
2 sentences2022Instead, these tests have been "enhanced by the eight factors which provide a reviewing court with a basis for testing the action of a governing body in a meaningful way." K-S Center Co. v. City of Kansas City, 238 Kan. 482, 494 , 712 P.2d 1186 (1986). 2022Instead, these tests have been "enhanced by the eight factors which provide a reviewing court with a basis for testing the action of a governing body in a meaningful way." K-S Center Co. v. City of Kansas City, 238 Kan. 482, 494 , 712 P.2d 1186 (1986). | 1 | 2022–2022 |
Westar Energy, Inc. v. Wittig
green
1 sentence2012Westar Energy, Inc. v. Wittig, 44 Kan. | 1 | 2012–2012 |
State v. Smith
green
2 sentences2009Under the facts of that case, this court disagreed because the statute provides that “the judge, in making the decision to waive jurisdiction, must take into account the juvenile’s stipulation and evidence concerning the eight factors in K.S.A. 38-1636(e).” Smith, 268 Kan. at 246 . 2009Regarding the right to appeal, the Smith court stated: “While K.S.A. 38-1681 precludes an appeal of an order waiving juvenile status when the respondent [juvenile] has consented to the waiver, it does not preclude an appeal if the judge failed to follow the statutory requirements for the waiver.” (Emphasis added.) Smith, 268 Kan. at 244 ; cf. In re S.M.D., 26 Kan. | 1 | 2009–2009 |
In Re SMD
neutral
1 sentence2009Regarding the right to appeal, the Smith court stated: “While K.S.A. 38-1681 precludes an appeal of an order waiving juvenile status when the respondent [juvenile] has consented to the waiver, it does not preclude an appeal if the judge failed to follow the statutory requirements for the waiver.” (Emphasis added.) Smith, 268 Kan. at 244 ; cf. In re S.M.D., 26 Kan. | 1 | 2009–2009 |
State v. Hunt
green
1 sentence2004To determine whether an identification is rehable, this court applies the eight factors set forth in Hunt, 275 Kan. at 817-18 . | 1 | 2004–2004 |
State v. Medrano
green
1 sentence2002These factors must be considered by the court even where there is a presumption that the defendant is an adult under 38-1636(a)(2).” 271 Kan. at 507 . *769 See also State v. Avalos, 266 Kan. 517, 521 , 974 P.2d 97 (1999) (K.S.A. 38-1636[e] does not require the magistrate to mention the factors.) But consideration of the eight factors is required when the K.S.A. 38-1636(a)(2) presumption applies. | 1 | 2002–2002 |
State v. Avalos
neutral
2 sentences2002These factors must be considered by the court even where there is a presumption that the defendant is an adult under 38-1636(a)(2).” 271 Kan. at 507 . *769 See also State v. Avalos, 266 Kan. 517, 521 , 974 P.2d 97 (1999) (K.S.A. 38-1636[e] does not require the magistrate to mention the factors.) But consideration of the eight factors is required when the K.S.A. 38-1636(a)(2) presumption applies. 2002These factors must be considered by the court even where there is a presumption that the defendant is an adult under 38-1636(a)(2).” 271 Kan. at 507 . *769 See also State v. Avalos, 266 Kan. 517, 521 , 974 P.2d 97 (1999) (K.S.A. 38-1636[e] does not require the magistrate to mention the factors.) But consideration of the eight factors is required when the K.S.A. 38-1636(a)(2) presumption applies. | 1 | 2002–2002 |
State v. Randolph
green
1 sentence1999The Kansas Court of Appeals found that although a juvenile can stipulate to allegations made against him in a motion to waive juvenile jurisdiction, the judge in making the decision to waive jurisdiction must take into account the juvenile’s stipulation and, in addition, evidence concerning the eight factors in K.S.A. 38-1636(e). 19 Kan. | 1 | 1999–1999 |
State v. Tran
green
1 sentence1999Tran, 252 Kan. at 508 . | 1 | 1999–1999 |
Bollinger v. Nuss
green
1 sentence1997Plaintiffs list the eight factors cited in Bollinger, 202 Kan. at 338 , as guidance for the determination of whether NPIC has breached its duty. | 1 | 1997–1997 |
Vakas v. Kansas Board of Healing Arts
green
1 sentence1997One of the eight factors to be considered in determining whether to reinstate a medical license is “the nature and seriousness of the original misconduct.” Vakas, 248 Kan. 589 , Syl. ¶ 2. | 1 | 1997–1997 |
State v. Mason
green
2 sentences1994State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986).” State v. Mason, 250 Kan. 393, 404 , 827 P.2d 748 (1992). 1994State v. Nunn, 244 Kan. 207, 211 , 768 P.2d 268 (1989); State v. Breazeale, 238 Kan. 714 , 714 P.2d 1356 , cert. denied 479 U.S. 846 (1986).” State v. Mason, 250 Kan. 393, 404 , 827 P.2d 748 (1992). | 1 | 1994–1994 |
| State v. Hooks green | 1 | 1992–1992 |
| Golden v. City of Overland Park green | 1 | 1986–1986 |
| Amoco Chemicals Corporation v. Bach green | 1 | 1979–1979 |
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.
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.