case-by-case inquiry in Kansas

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2022The Cain court also explained the need to conduct a case-by- case analysis, considering the fundamental purpose of the doctrine of res judicata in light of the substance of a particular case. 302 Kan. at 435 .

2021It merely requires that before the doctrine is either invoked or rejected, a court must conduct a case-by-case analysis that moves beyond a rigid and technical application to consider the fundamental purposes of the rule in light of the real substance of the case at hand." Cain, 302 Kan. at 434-35 .

2020In re Marriage of Unruh, 32 Kan.

2007A case-by-case inquiry should be made to determine what income is actually ‘received’ when determining ‘Domestic Gross Income’ for the self-employed under the Guidelines.” 32 Kan.

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2014The present appeal falls into the second Mickens category'—the Cronic exception—where the complete denial of the assistance of counsel or tire denial of counsel at a critical stage of the proceedings presents “ ‘circumstances of [such] magnitude’ ” that a court “presumes a probable effect upon the outcome” and “a case-by-case inquiry [of prejudice] is unnecessary.” Mickens, 535 U.S. at 166 (citing Cronic, 466 U.S. at 658-59 ).

2012The second category creates an “exception to this general rule,” known as the Cronic exception, because the complete denial of the assistance of counsel or the denial of counsel at a critical stage of a proceeding presents “ ‘circumstances of [such] magnitude’ ” that “the likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.” Mickens, 535 U.S. at 166 (citing United States v. Cronic, 466 U.S. 648, 658-59 , 104 S. Ct. 2039 , 80 L.

2014After pointing out that not all police deception renders a suspect’s inculpatory statements involuntaiy and the determination *1090 rests on a case-by-case analysis dependent on the particular psychological pressures brought to bear during the interrogation and the suspect’s vulnerability, the Court of Appeals found the tactics applied to Thomas to be impermissibly overbearing. 22 N.Y.3d at 642 .

2014After pointing out that not all police deception renders a suspect's inculpatory statements involuntary and the determination rests on a case-by-case analysis dependent on the particular psychological pressures brought to bear during the interrogation and the 22 suspect's vulnerability, the Court of Appeals found the tactics applied to Thomas to be impermissibly overbearing. 22 N.Y.3d at 642 .

2022That brings us full circle to the fundamental purposes of preclusive doctrines, which are to "'avoid indefinite relitigation of the same issue, to obtain consistent results in the same litigation, to afford one opportunity for argument and decision of the matter at issue, and to assure the obedience of lower courts to the decisions of appellate courts.' Collier, 263 Kan. at 631 ." Parry, 305 Kan. at 1194-95.

2022Instead, the minimum contacts analysis demands that courts make a case-by-case analysis of whether a defendant "purposefully sought to obtain the benefits of the forum state's laws." 47 Kan.

2020The Lassiter Court adopted the case-by-case standard it had fashioned for requiring appointed representation in probation revocation hearings in Gagnon v. Scarpelli, 411 U.S. 778, 790-91 , 93 S. Ct. 1756 , 36 L.

2020The Lassiter Court adopted the case-by-case standard it had fashioned for requiring appointed representation in probation revocation hearings in Gagnon v. Scarpelli, 411 U.S. 778, 790-91 , 93 S. Ct. 1756 , 36 L.

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2019"The right to counsel extends a duty of loyalty from counsel to the client so '[a] defendant in a criminal trial must have " 'representation that is free from conflicts of interest.' " ' " Sola-Morales v. State , 300 Kan. 875 , 883, 335 P.3d 1162 (2014). "[W]hen a defendant's attorney actively represents conflicting interests there 'may' be ' "circumstances of [such] magnitude" ' that the 'likelihood that the verdict is unreliable is so high that a case-by-case inquiry is unnecessary.' " Galaviz , 296 Kan. at 181-82 , 291 P.3d 62 (quoting Mickens , 535 U.S. at 166 , 122 S.Ct. 1237 ).

2017First, the "merits of a claim of ineffective assistance of counsel ordinarily are not addressed for the first time on direct appeal." State v. Dull, 298 Kan. 832, 839 , 317 P.3d 104 (2014) (citing Rowland v. State, 289 Kan. 1076, 1084 , 219 P.3d 1212 [2009]).

2017First, the "merits of a claim of ineffective assistance of counsel ordinarily are not addressed for the first time on direct appeal." State v. Dull, 298 Kan. 832, 839 , 317 P.3d 104 (2014) (citing Rowland v. State, 289 Kan. 1076, 1084 , 219 P.3d 1212 [2009]).

2017First, the "merits of a claim of ineffective assistance of counsel ordinarily are not addressed for the first time on direct appeal." State v. Dull, 298 Kan. 832, 839 , 317 P.3d 104 (2014) (citing Rowland v. State, 289 Kan. 1076, 1084 , 219 P.3d 1212 [2009]).

2017First, the "merits of a claim of ineffective assistance of counsel ordinarily are not addressed for the first time on direct appeal." State v. Dull, 298 Kan. 832, 839 , 317 P.3d 104 (2014) (citing Rowland v. State, 289 Kan. 1076, 1084 , 219 P.3d 1212 [2009]).

2016Along the way, this court cited other United States Supreme Court cases for support, including South Dakota v. Neville, 459 U.S. 553, 559 , 103 S. Ct. 916 , 74 L.

2016Along the way, this court cited other United States Supreme Court cases for support, including South Dakota v. Neville, 459 U.S. 553, 559 , 103 S. Ct. 916 , 74 L.

2014For the Cronic exception to apply in circumstances where a defendant is represented by counsel, “the attorney’s failure must be complete.” Bell v. Cone, 535 U.S. 685, 697 , 122 S. Ct. 1843 , 152 L.

2014For the Cronic exception to apply in circumstances where a defendant is represented by counsel, “the attorney’s failure must be complete.” Bell v. Cone, 535 U.S. 685, 697 , 122 S. Ct. 1843 , 152 L.

2013See Restatement (Second) of Torts § 552; Mahler, 255 Kan. at 604 .

2008In Fritschen, 247 Kan. at 603 , our Supreme Court provided a nonexclusive list of the following factors which may be significant in a case-by-case analysis to determine whether die defendant’s interrogation was custodial: (1) when and where interrogation occurred; (2) how long interrogation lasted; (3) how many police of *664 ficers were present; (4) what the officers and the defendant said and did; (5) the presence of actual physical restraint on the defendant or things equivalent to actual restraint such as drawn weapons or a guard stationed at the door; (6) whether the defendant was being q

2008In Fritschen , the court found that an interrogation at the police station was not custodial because the accused voluntarily went to the station for an interview, was subject to low-key interviewing tactics, and was free to leave at any time. 247 Kan. at 604-05 .

1990The Bohanan court further stated that a determination of custodial interrogation must *217 be based upon a case-by-case analysis of the factual circumstances. 220 Kan. at 127 .

1987In Oliver, 466 U.S. at 181 , the Supreme Court refused to do a case-by-case analysis to ascertain whether, on occasion, an individual's expectation of privacy in a certain activity in an open field should be protected.

1987In Oliver, 466 U.S. at 181 , the Supreme Court refused to do a case-by-case analysis to ascertain whether, on occasion, an individual’s expectation of privacy in a certain activity in an open field should be protected.

1981The Florida court chose to adopt the case-by-case analysis discussed in Cleaver v. Wilcox, 499 F.2d 940 (9th Cir. 1974).

1981The Florida court chose to adopt the case-by-case analysis discussed in Cleaver v. Wilcox, 499 F.2d 940 (9th Cir.1974).