procedural due process claim (Kansas) · Go Syfert
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procedural due process claim in Kansas

28 Kansas opinions name it 2 courts 2002–2026 9 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 (5)

CaseFollowedCited
In Re the Adoption of B.J.M.green
kanctapp · 2009 · cited in 4 Kansas opinions naming this issue, 2010–2011
2 sentences

2011Rather than a fixed concept, due process is flexible and calls for such procedural protections as the particular situation demands. " (Emphasis added.) 42 Kan.App.2d at 82 , 209 P.3d 200 .

2011Rather than a fixed concept, due process is flexible and calls for such procedural protections as the particular situation demands. " (Emphasis added.) 42 Kan.App.2d at 82 , 209 P.3d 200 .

24
Winston v. Kansas Dept. of SRSgreen
kan · 2002 · cited in 9 Kansas opinions naming this issue, 2005–2022
2 sentences

2019In Winston v. Kansas Dept. of SRS, 274 Kan. 396 , 49 P.3d 1274 (2002), our Supreme Court explained the standard for evaluating a procedural due process claim: "'The basic elements of procedural due process are notice and an opportunity to be heard at a meaningful time and in a meaningful manner.

2019In Winston v. Kansas Dept. of SRS, 274 Kan. 396 , 49 P.3d 1274 (2002), our Supreme Court explained the standard for evaluating a procedural due process claim: "'The basic elements of procedural due process are notice and an opportunity to be heard at a meaningful time and in a meaningful manner.

19
In Re Interests A.A.-F.green
kan · 2019 · cited in 3 Kansas opinions naming this issue, 2020–2025
2 sentences

2025Ed. 2d 548 [1972] [stating "(f)or '(w)here a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential'"]); see also Allen, 314 Kan. 280 , Syl. ¶ 5; cf. In re A.A.-F., 310 Kan. 125 , 145-48, 444 P.3d 938 (2019) (analyzing a procedural due process claim based on the district court's finding that she received adequate notice of the hearing and did not appear). 8 In contrast, Unruh's appellate record lacks evidence to support his arguments that registration implicates a protected liberty or p

2024See In re A.A.-F., 310 Kan. 125 , 145-49, 444 P.3d 938 (2019); In re K.E., 294 Kan. 17, 21-26 , 272 P.3d 28 (2012); In re J.D.C., 284 Kan. at 166-70 .

13
In Re Landrithgreen
kan · 2005 · cited in 1 Kansas opinions naming this issue, 2023–2023
2 sentences

2023See In re Landrith, 280 Kan. 619, 640 , 124 P.3d 467 (2005).

2023See In re Landrith, 280 Kan. 619, 640 , 124 P.3d 467 (2005).

11
Merrifield v. COUNTY COM'RS FOR COUNTY OF SANTA FEgreen
ca10 · 2011 · cited in 1 Kansas opinions naming this issue, 2014–2014
1 sentence

2014Murphy v. Nelson, 260 Kan. 589, 598 , 921 P.2d 1225 (1996); Merrifield v. County Com'rs for County of Santa Fe, 654 F.3d 1073, 1078 (10th Cir. 2011).

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 (16)

CaseCitedYears
Mathews v. Eldridge green
scotus · 1976
2 sentences

2026"Procedural due process imposes constraints on governmental decisions which deprive individuals of 'liberty' or 'property' interests within the meaning of the Due Process Clause of the Fifth or Fourteenth Amendment." Eldridge, 424 U.S. at 332 .

2020Ed. 2d 18 (1976), and lays out the procedural protection factors as: "(1) the private interest affected by the official action; (2) the risk of an erroneous deprivation of such interest; and (3) the fiscal and administrative burdens to the government." But Mathews properly lays out the factors of a procedural due process claim as: "First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the G

22020–2026
In the Interest of J.D.C. green
kan · 2007
2 sentences

2024If it is, then we must determine the nature and extent of the process due." 284 Kan. at 166 . "'[D]ue process, unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances.

2024The first step in considering a procedural due process claim is to decide whether a protected liberty or property interest is implicated. 284 Kan. at 166 .

22024–2024
Murphy v. Nelson green
kan · 1996
2 sentences

2014Murphy v. Nelson, 260 Kan. 589, 598 , 921 P.2d 1225 (1996); Merrifield v. County Com'rs for County of Santa Fe, 654 F.3d 1073, 1078 (10th Cir. 2011).

2002In reviewing a procedural due process claim the court must first determine whether a protected liberty or property interest is involved and, if it is, the court must then determine the nature and extent of the process which is due. [ Murphy, 260 Kan. at 598 .] A due process violation can be established only if the claimant is able to establish that he or she was denied a specific procedural protection to which he or she is entitled.

22002–2014
Aria v. United States, on Its Own Behalf and for the Benefit of the Fort Mojave Indian Tribe green
scotus · 2002
2 sentences

2011Winston v. Kansas Dept. of SRS, 274 Kan. 396, 409 , 49 P.3d 1274 , cert. denied 537 U.S. 1088 (2002).

2009Winston v. Kansas Dept. of SRS, 274 Kan. 396, 409 , 49 P.3d 1274 , cert. denied 537 U.S. 1088 (2002).

22009–2011
Albert E. Taylor v. James Wallace, David Miller, Dolores Ramsey green
ca10 · 1991
1 sentence

2026Taylor, 931 F.2d at 702 .

12026–2026
In Re Ke green
kan · 2012
1 sentence

2024See In re A.A.-F., 310 Kan. 125 , 145-49, 444 P.3d 938 (2019); In re K.E., 294 Kan. 17, 21-26 , 272 P.3d 28 (2012); In re J.D.C., 284 Kan. at 166-70 .

12024–2024
In the Interest of K.E. green
kan · 2012
1 sentence

2024See In re A.A.-F., 310 Kan. 125 , 145-49, 444 P.3d 938 (2019); In re K.E., 294 Kan. 17, 21-26 , 272 P.3d 28 (2012); In re J.D.C., 284 Kan. at 166-70 .

12024–2024
State v. Huerta green
kan · 2011
1 sentence

2024The latter likely would present a claim we could not consider in this direct appeal under Huerta because Allen received a guidelines sentence that was the product of a plea agreement. 291 Kan. at 840 .

12024–2024
State v. N.R. green
kan · 2021
1 sentence

2024If so, the court then must determine the nature and extent of the process which is due." State v. N.R., 314 Kan. 98 , 113, 495 P.3d 16 (2021), cert. denied 142 S. Ct. 1678 (2022).

12024–2024
Attallah v. New York College of Osteopathic Medicine green
ca2 · 2016
1 sentence

2020Thus, even if, as Attallah alleges, state employees acted in concert with administrators at [Attallah's] private medical school to expel him, any ensuing deprivation of property or liberty does not give rise to a procedural due process claim under § 1983." 643 Fed.

12020–2020
State v. Holt green
kan · 2008
2 sentences

2019"Whether the trial court violated an individual's due process rights is a question of law, to which this court exercises unlimited review." State v. Holt , 285 Kan. 760 , 774, 175 P.3d 239 (2008).

2019"Whether the trial court violated an individual's due process rights is a question of law, to which this court exercises unlimited review." State v. Holt , 285 Kan. 760 , 774, 175 P.3d 239 (2008).

12019–2019
State v. Davis green
kan · 2006
1 sentence

2015See Ford, 302 Kan. 475 ; Davis, 281 Kan. 169 , Syl. ¶ 5.

12015–2015
Village Villa v. Kansas Health Policy Authority green
kan · 2013
2 sentences

2014Village Villa v. Kansas Health Policy Authority, 296 Kan. 315, 331 , 291 P.3d 1056 (2013).

2014Village Villa v. Kansas Health Policy Authority, 296 Kan. 315, 331 , 291 P.3d 1056 (2013).

12014–2014
People v. Ary green
calctapp · 2004
2 sentences

2006As the court stated in Ary, 118 Cal. App. 4th at 1028 : "While it is certainly the case that the trial court's error in failing to hold a competency hearing when one is warranted is not subject to harmless error review, this does not mean that the procedural due process violation can never be cured retrospectively, under appropriate circumstances, as the United States Supreme Court has suggested." In Drope, 420 U.S. at 183 , the Supreme Court stated that a retrospective competency hearing is permissible, though "inherent[ly] difficult." In Ary, 118 Cal. App. 4th at 1029-30 , the court remanded

2006As the court stated in Ary, 118 Cal. App. 4th at 1028 : "While it is certainly the case that the trial court's error in failing to hold a competency hearing when one is warranted is not subject to harmless error review, this does not mean that the procedural due process violation can never be cured retrospectively, under appropriate circumstances, as the United States Supreme Court has suggested." In Drope, 420 U.S. at 183 , the Supreme Court stated that a retrospective competency hearing is permissible, though "inherent[ly] difficult." In Ary, 118 Cal. App. 4th at 1029-30 , the court remanded

12006–2006
Drope v. Missouri green
scotus · 1975
2 sentences

2006As the court stated in Ary, 118 Cal. App. 4th at 1028 : “While it is certainly the case that the trial court’s error in failing to hold a competency hearing when one is warranted is not subject to harmless error review, this does not mean that the procedural due process violation can never be cured retrospectively, under appropriate circumstances, as the United States Supreme Court has suggested.” In Drope, 420 U.S. at 183 , the Supreme Court stated that a retrospective competency hearing is permissible, though “inherent [ly] difficult.” In Ary, 118 Cal. App. 4th at 1029-30 , the court remande

2006As the court stated in Ary, 118 Cal. App. 4th at 1028 : "While it is certainly the case that the trial court's error in failing to hold a competency hearing when one is warranted is not subject to harmless error review, this does not mean that the procedural due process violation can never be cured retrospectively, under appropriate circumstances, as the United States Supreme Court has suggested." In Drope, 420 U.S. at 183 , the Supreme Court stated that a retrospective competency hearing is permissible, though "inherent[ly] difficult." In Ary, 118 Cal. App. 4th at 1029-30 , the court remanded

12006–2006
Kennedy v. Board of Shawnee County Comm'rs green
kan · 1998
2 sentences

2002Kennedy v. Board of Shawnee County Comm'rs, 264 Kan. 776, 797-98 , 958 P.2d 637 (1998).

2002Kennedy v. Board of Shawnee County Comm'rs, 264 Kan. 776, 797-98 , 958 P.2d 637 (1998).

12002–2002

Statutes the citing opinions construe

KS § K.S.A. § 38-2271 (7) KS § K.S.A. § 38-2269 (6) KS § K.S.A. § 60-1501 (5) KS § K.S.A. § 60-1507 (5) KS § K.S.A. § 38-2202 (4) KS § K.S.A. § 60-243 (4) USC § 42u.s.c.1983 (4) KS § K.S.A. § 20-3018 (3) KS § K.S.A. § 38-2250 (3) KS § K.S.A. § 60-404 (3)

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.

Where else courts name it

IL 104 (1976–2026) TX 74 (1979–2025) CA 66 (1963–2024) WI 55 (1972–2025) PA 52 (1958–2025) WA 51 (1976–2025) OH 46 (1991–2026) MN 40 (1986–2025) CT 38 (1976–2026) NM 38 (1989–2026) NJ 29 (1972–2026) MI 29 (1978–2025) CO 29 (1988–2026) KS 28 (2002–2026) FL 28 (1983–2025) IA 25 (1979–2022) ID 24 (1990–2024) ME 20 (1995–2024) IN 19 (1976–2026) MO 18 (1976–2019) NY 17 (1979–2026) AZ 16 (1981–2019) UT 14 (2004–2026) NH 13 (1987–2025) MA 13 (1992–2022) VA 13 (1971–2025) WV 13 (1978–2018) NC 11 (1984–2024) MS 11 (1997–2021) AL 11 (1989–2025) LA 11 (1972–2018) MD 11 (1999–2013) MT 10 (2000–2016) GA 10 (1995–2023) TN 9 (1998–2023) VT 9 (1999–2025) RI 9 (1994–2015) DE 8 (1989–2025) OK 8 (1982–2022) SC 8 (1997–2025) SD 8 (2001–2018) OR 7 (1999–2014) DC 6 (1982–2007) HI 6 (1982–2015) NV 5 (1995–2021) AR 5 (1999–2025) KY 4 (2012–2026) NE 4 (1989–2020) AK 4 (2013–2023) WY 3 (2006–2020) ND 2 (2019–2025) VI 2 (2015–2025)

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.

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