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23 Kansas opinions name it 2 courts 2012–2026 18 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. Butlergreen2 sentences2025When a party asserts an instruction error for the first time on appeal, "the failure to give a legally and factually appropriate instruction is reversible only if the failure was clearly erroneous." State v. Butler, 307 Kan. 831, 845 , 416 P.3d 116 (2018); see K.S.A. 22-3414(3) ("No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless the instruction or the failure to give an instruction is clearly erroneous."). 2025When a party asserts an instruction error for the first time on appeal, "the failure to give a legally and factually appropriate instruction is reversible only if the failure was clearly erroneous." State v. Butler, 307 Kan. 831, 845 , 416 P.3d 116 (2018); see K.S.A. 22-3414(3) ("No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless the instruction or the failure to give an instruction is clearly erroneous."). | 2 | 15 |
State v. Jarmongreen1 sentence2024See State v. Jarmon, 308 Kan. 241 , Syl. ¶ 1, 419 P.3d 591 (2018) ("When an instructional error was not raised in the district court and is asserted for the first time on appeal, failing to give a legally and factually appropriate instruction will result in reversal only if the failure was clearly erroneous."). | 1 | 1 |
State v. Robertsgreen1 sentence2024See State v. Roberts, 314 Kan. 835 , 852, 503 P.3d 227 (2022) (holding that a district court has a duty to provide a legally and factually appropriate instruction); State v. Williams, 303 Kan. 13 585, 599, 363 P.3d 1101 (2016) (holding that a lesser included offense instruction is not foreclosed even if it is inconsistent with either the evidence presented by the defendant or the defendant's theory of the case). | 1 | 1 |
State v. Plummergreen2 sentences2012See State v. Plummer, 295 Kan. 156, 162 , 283 P.3d 202 (2012) (the district court errs if it refuses to give a requested instruction that is legally appropriate and factually supported by some evidence). 2012See State v. Plummer, 295 Kan. 156, 162 , 283 P.3d 202 (2012) (the district court errs if it refuses to give a requested instruction that is legally appropriate and factually supported by some evidence). | 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. Williams
green
2 sentences2024See State v. Roberts, 314 Kan. 835 , 852, 503 P.3d 227 (2022) (holding that a district court has a duty to provide a legally and factually appropriate instruction); State v. Williams, 303 Kan. 13 585, 599, 363 P.3d 1101 (2016) (holding that a lesser included offense instruction is not foreclosed even if it is inconsistent with either the evidence presented by the defendant or the defendant's theory of the case). 2023See Roberts, 314 Kan. at 852 (holding a trial court has a duty to provide a legally and factually appropriate instruction); State v. Williams, 303 Kan. 585 , 9 599, 363 P.3d 1101 (2016) (holding that a lesser included offense instruction is not foreclosed even if it is inconsistent with either the evidence presented by the defense or the theory advanced by the defense). | 2 | 2023–2024 |
State v. Breeden
green
2 sentences2016K.S.A. 2015 Supp. 22-3414(3); State v. Breeden, 297 Kan. 567, 581 , 304 P.3d 660 (2013). 2016K.S.A. 2015 Supp. 22-3414(3); State v. Breeden, 297 Kan. 567, 581 , 304 P.3d 660 (2013). | 2 | 2016–2016 |
State v. Willis
green
1 sentence2026When, as here, a party asserts an instruction 16 error for the first time on appeal, "the failure to give a legally and factually appropriate instruction is reversible only if the failure was clearly erroneous." State v. Willis, 319 Kan. 663 , 671, 557 P.3d 424 (2024); see K.S.A. 22-3414(3). | 1 | 2026–2026 |
State v. Owens
green
1 sentence2024"Instructional error is clearly erroneous when '"the reviewing court is firmly convinced that the jury would have reached a different verdict had the instruction error not occurred."'" State v. Owens, 314 Kan. 210 , 235, 496 P.3d 902 (2021). | 1 | 2024–2024 |
State v. Williams
green
2 sentences2021State v. Johnson, 304 Kan. 924, 931 , 376 P.3d 70 (2016); State v. Williams, 295 Kan. 506, 510 , 286 P.3d 195 (2012). 13 The parties agree that, from a purely legal standpoint, criminal restraint is a lesser included offense of aggravated kidnapping. 2021State v. Johnson, 304 Kan. 924, 931 , 376 P.3d 70 (2016); State v. Williams, 295 Kan. 506, 510 , 286 P.3d 195 (2012). 13 The parties agree that, from a purely legal standpoint, criminal restraint is a lesser included offense of aggravated kidnapping. | 1 | 2021–2021 |
State v. Johnson
green
2 sentences2021State v. Johnson, 304 Kan. 924, 931 , 376 P.3d 70 (2016); State v. Williams, 295 Kan. 506, 510 , 286 P.3d 195 (2012). 13 The parties agree that, from a purely legal standpoint, criminal restraint is a lesser included offense of aggravated kidnapping. 2021State v. Johnson, 304 Kan. 924, 931 , 376 P.3d 70 (2016); State v. Williams, 295 Kan. 506, 510 , 286 P.3d 195 (2012). 13 The parties agree that, from a purely legal standpoint, criminal restraint is a lesser included offense of aggravated kidnapping. | 1 | 2021–2021 |
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.