Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
32 Kansas opinions name it 2 courts 2004–2026 16 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. Reynared2 sentences2024See State v. Reyna, 290 Kan. 666 , Syl. ¶ 10, 234 P.3d 761 (2010) ("When a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."), overruled on other grounds by State v. Dunn, 304 Kan. 773 , 375 P.3d 332 (2016). 2024See State v. Reyna, 290 Kan. 666 , Syl. ¶ 10, 234 P.3d 761 (2010) ("When a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."), overruled on other grounds by State v. Dunn, 304 Kan. 773 , 375 P.3d 332 (2016). | 6 | 16 |
Neder v. United Statesgreen2 sentences2026On appeal, the court asked whether it was convinced beyond a reasonable doubt the result would have been the same absent the error and considered whether Nunez' age had been uncontested during the trial and supported by overwhelming evidence. 319 Kan. at 356 (citing State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 [2014]); see Neder v. United States, 527 U.S. 1, 17 , 119 S. Ct. 1827 , 144 L. 2026On appeal, the court asked whether it was convinced beyond a reasonable doubt the result would have been the same absent the error and considered whether Nunez' age had been uncontested during the trial and supported by overwhelming evidence. 319 Kan. at 356 (citing State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 [2014]); see Neder v. United States, 527 U.S. 1, 17 , 119 S. Ct. 1827 , 144 L. | 4 | 11 |
State v. Nunezgreen2 sentences2026An error is harmless "if the reviewing court is convinced beyond a reasonable doubt the jury verdict would have been the same absent the error with regard to the omitted element, and that the omitted element was also uncontested and supported by overwhelming evidence." Nunez, 319 Kan. at 356. 2026On appeal, the court asked whether it was convinced beyond a reasonable doubt the result would have been the same absent the error and considered whether Nunez' age had been uncontested during the trial and supported by overwhelming evidence. 319 Kan. at 356 (citing State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 [2014]); see Neder v. United States, 527 U.S. 1, 17 , 119 S. Ct. 1827 , 144 L. | 4 | 5 |
State v. Carrgreen2 sentences2024State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 (2014) (errors are harmless if the record contains no evidence which '"could rationally lead to a contrary finding with respect to the element that the defendant was over the age of 18 at the time of the crime"' [quoting State v. Reyna, 290 Kan. 666, 682 , 234 P.3d 761 (2010)]); see State v. Carr, 314 Kan. 615 , Syl. ¶ 25, 502 P.3d 546 (2022)." Nunez, 319 Kan. at 356. 2024State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 (2014) (errors are harmless if the record contains no evidence which '"could rationally lead to a contrary finding with respect to the element that the defendant was over the age of 18 at the time of the crime"' [quoting State v. Reyna, 290 Kan. 666, 682 , 234 P.3d 761 (2010)]); see State v. Carr, 314 Kan. 615 , Syl. ¶ 25, 502 P.3d 546 (2022)." Nunez, 319 Kan. at 356. | 2 | 2 |
State v. Danielsgreen2 sentences2021Ed. 2d 35 (1999) ("[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."); State v. Daniels, 278 Kan. 53, 62 , 91 P.3d 1147 (2004) (adopting test from Neder and holding that omission of bodily harm element from aggravated robbery instruction was harmless where bodily harm was uncontested and supported by overwhelming evidence). 2021Ed. 2d 35 (1999) ("[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."); State v. Daniels, 278 Kan. 53, 62 , 91 P.3d 1147 (2004) (adopting test from Neder and holding that omission of bodily harm element from aggravated robbery instruction was harmless where bodily harm was uncontested and supported by overwhelming evidence). | 1 | 5 |
Washington v. Recuencogreen2 sentences2020See Washington, 548 U.S. at 220-21 (expressly invoking rationale of Neder to find harmless error in failing to submit sentencing factor for jury's consideration at trial); Neder, 527 U.S. at 17 (The omission of an element of the charged crime in a jury instruction may be deemed harmless when the "element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error."). 2011In doing so, this court applied the federal constitutional harmless error standard of Chapman, 386 U.S. 18 , stating: “[T]his court will apply the harmless error analysis to the omission of an element from the instructions to the jury when a review of the evidence leads to the conclusion beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.” Reyna, 290 Kan. at 681 (citing Washington v. Recuenco, 548 U.S. 212 , 126 S. Ct. 2546 , 165 L. | 1 | 4 |
State v. Colstonred2 sentences2011In Reyna , however, a majority of this court held: “When a reviewing court concludes beyond a reasonable doubt that the omitted element. . . was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Reyna, 290 Kan. 666 , Syl. ¶ 10; see Kemble, 291 Kan. at 129 ; Garza, 290 Kan. at 1031-32 ; Martinez, 290 Kan. at 1019 ; Colston, 290 Kan. at 975-76 . *152 Chanthaseng’s own uncontested testimony about his age means the absence of the instruction does not require resenten 2011But in the more recent State v. Colston, this court held that “[w]hen a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Colston, 290 Kan. at 975 (citing State v. Reyna, 290 Kan. 666 , Syl. ¶ 10, 234 P.3d 761 [2010]). | 1 | 3 |
State v. Dunngreen2 sentences2024See State v. Reyna, 290 Kan. 666 , Syl. ¶ 10, 234 P.3d 761 (2010) ("When a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."), overruled on other grounds by State v. Dunn, 304 Kan. 773 , 375 P.3d 332 (2016). 2024See State v. Reyna, 290 Kan. 666 , Syl. ¶ 10, 234 P.3d 761 (2010) ("When a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless."), overruled on other grounds by State v. Dunn, 304 Kan. 773 , 375 P.3d 332 (2016). | 1 | 1 |
State v. Blansettgreen1 sentence2024The Kansas Supreme Court in Bentley thus extended Neder's reasoning to cases in which a district court fails to obtain a constitutionally sufficient jury trial waiver before a defendant stipulates to one or some elements of a charged crime, as here. 317 Kan. at 233-34. | 1 | 1 |
State v. Guebaragreen2 sentences2024In Guebara, the court formulated a review standard that asks whether the defendant would have offered the stipulation even if he had been informed of his right to have the jury consider and decide the stipulated fact. 318 Kan. at 470. 2024Because the State benefited from the district court's constitutional mistake, it has to persuade us that the outcome—the guilty verdicts—would have been the same absent the error. 318 Kan. at 470 (constitutional error standard applies). | 1 | 1 |
State v. Richardsongreen2 sentences2022The Kansas Supreme Court has so held: "When a reviewing court concludes beyond a reasonable doubt that the omitted element of a crime from a jury instruction was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless." State v. Carr, 314 Kan. 744 , Syl. ¶ 12, 502 P.3d 511 (2022); see also State v. Richardson, 290 Kan. 176, 182-83 , 224 P.3d 553 (2010). 2022The Kansas Supreme Court has so held: "When a reviewing court concludes beyond a reasonable doubt that the omitted element of a crime from a jury instruction was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless." State v. Carr, 314 Kan. 744 , Syl. ¶ 12, 502 P.3d 511 (2022); see also State v. Richardson, 290 Kan. 176, 182-83 , 224 P.3d 553 (2010). | 1 | 1 |
State v. McLinngreen1 sentence2021Jackson bears the burden as the party claiming error to demonstrate the necessary prejudice. 307 Kan. at 318. | 1 | 1 |
State v. Sotogreen1 sentence2014See 299 Kan. at 124 . | 1 | 1 |
State v. Kemblegreen1 sentence2011In Reyna , however, a majority of this court held: “When a reviewing court concludes beyond a reasonable doubt that the omitted element. . . was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Reyna, 290 Kan. 666 , Syl. ¶ 10; see Kemble, 291 Kan. at 129 ; Garza, 290 Kan. at 1031-32 ; Martinez, 290 Kan. at 1019 ; Colston, 290 Kan. at 975-76 . *152 Chanthaseng’s own uncontested testimony about his age means the absence of the instruction does not require resenten | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Brown
green
2 sentences2026On appeal, the court asked whether it was convinced beyond a reasonable doubt the result would have been the same absent the error and considered whether Nunez' age had been uncontested during the trial and supported by overwhelming evidence. 319 Kan. at 356 (citing State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 [2014]); see Neder v. United States, 527 U.S. 1, 17 , 119 S. Ct. 1827 , 144 L. 2026On appeal, the court asked whether it was convinced beyond a reasonable doubt the result would have been the same absent the error and considered whether Nunez' age had been uncontested during the trial and supported by overwhelming evidence. 319 Kan. at 356 (citing State v. Brown, 298 Kan. 1040, 1049 , 318 P.3d 1005 [2014]); see Neder v. United States, 527 U.S. 1, 17 , 119 S. Ct. 1827 , 144 L. | 4 | 2024–2026 |
State v. Ward
green
2 sentences2026State v. Ward, 292 Kan. 541, Syl. ¶ 6, 256 P.3d 801 (2011). 2026State v. Ward, 292 Kan. 541, Syl. ¶ 6, 256 P.3d 801 (2011). | 1 | 2026–2026 |
State v. Carr
green
2 sentences2022The Kansas Supreme Court has so held: "When a reviewing court concludes beyond a reasonable doubt that the omitted element of a crime from a jury instruction was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless." State v. Carr, 314 Kan. 744 , Syl. ¶ 12, 502 P.3d 511 (2022); see also State v. Richardson, 290 Kan. 176, 182-83 , 224 P.3d 553 (2010). 2022The Kansas Supreme Court has so held: "When a reviewing court concludes beyond a reasonable doubt that the omitted element of a crime from a jury instruction was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless." State v. Carr, 314 Kan. 744 , Syl. ¶ 12, 502 P.3d 511 (2022); see also State v. Richardson, 290 Kan. 176, 182-83 , 224 P.3d 553 (2010). | 1 | 2022–2022 |
State v. Jarmon
green
2 sentences2021Stated another way, "The error is harmless if the appellate court has a firm belief beyond a reasonable doubt that the error had little, if any, likelihood of changing the result of the trial." State v. Jarmon, 308 Kan. 241 , 244, 419 P.3d 591 (2018) (further describing the standard of review as "relaxed because Jarmon did not object to the instructions"). 14 Discussion K.S.A. 2014 Supp. 21-5510 provides, in part: "(a) Sexual exploitation of a child is: (1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender believes to be a 2021Stated another way, "The error is harmless if the appellate court has a firm belief beyond a reasonable doubt that the error had little, if any, likelihood of changing the result of the trial." State v. Jarmon, 308 Kan. 241 , 244, 419 P.3d 591 (2018) (further describing the standard of review as "relaxed because Jarmon did not object to the instructions"). 14 Discussion K.S.A. 2014 Supp. 21-5510 provides, in part: "(a) Sexual exploitation of a child is: (1) Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age, or a person whom the offender believes to be a | 1 | 2021–2021 |
Chapman v. California
yellow
2 sentences2011In doing so, this court applied the federal constitutional harmless error standard of Chapman, 386 U.S. 18 , 87 S.Ct. 824 , stating: "[T]his court will apply the harmless error analysis to the omission of an element from the instructions to the jury when a review of the evidence leads to the conclusion beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error." Reyna, 290 Kan. at 681 , 234 P.3d 761 (citing Washington v. Recuenco, 548 U.S. 212 , 126 S.Ct. 2546 , 165 L.Ed.2d 466 2011In doing so, this court applied the federal constitutional harmless error standard of Chapman, 386 U.S. 18 , stating: “[T]his court will apply the harmless error analysis to the omission of an element from the instructions to the jury when a review of the evidence leads to the conclusion beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.” Reyna, 290 Kan. at 681 (citing Washington v. Recuenco, 548 U.S. 212 , 126 S. Ct. 2546 , 165 L. | 1 | 2011–2011 |
State v. Garza
green
1 sentence2011In Reyna , however, a majority of this court held: “When a reviewing court concludes beyond a reasonable doubt that the omitted element. . . was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Reyna, 290 Kan. 666 , Syl. ¶ 10; see Kemble, 291 Kan. at 129 ; Garza, 290 Kan. at 1031-32 ; Martinez, 290 Kan. at 1019 ; Colston, 290 Kan. at 975-76 . *152 Chanthaseng’s own uncontested testimony about his age means the absence of the instruction does not require resenten | 1 | 2011–2011 |
State v. Martinez
green
1 sentence2011In Reyna , however, a majority of this court held: “When a reviewing court concludes beyond a reasonable doubt that the omitted element. . . was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Reyna, 290 Kan. 666 , Syl. ¶ 10; see Kemble, 291 Kan. at 129 ; Garza, 290 Kan. at 1031-32 ; Martinez, 290 Kan. at 1019 ; Colston, 290 Kan. at 975-76 . *152 Chanthaseng’s own uncontested testimony about his age means the absence of the instruction does not require resenten | 1 | 2011–2011 |
Daniels v. Kansas
green
1 sentence2010However, the opinion found, based in part on our prior decision in State v. Daniels, 278 Kan. 53 , 91 P.3d 1147 , cert. denied 543 U.S. 982 (2004), and the United States Supreme Court decision in Washington v. Recuenco, 548 U.S. 212 , 165 L. Ed. 2d 466 , 126 S. Ct. 2546 (2006), that the failure to instruct on an element of a crime can be subject to the harmless error rule. “ ‘[Wjhere a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erro | 1 | 2010–2010 |
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.