21 Kansas opinions name it 2 courts 1969–2021 1 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. Giang Nguyengreen2 sentences2021See State v. Nguyen, 281 Kan. 702 , Syl. ¶ 6, 133 P.3d 1259 (2006) ("Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule."). 2021See State v. Nguyen, 281 Kan. 702 , Syl. ¶ 6, 133 P.3d 1259 (2006) ("Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule."). | 1 | 2 |
State v. Benningtongreen2 sentences2017See State v. Bennington, 293 Kan. 503, 524 , 264 P.3d 440 (2011) ("'Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule.'"). 2017See State v. Bennington, 293 Kan. 503, 524 , 264 P.3d 440 (2011) ("'Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule.'"). | 1 | 1 |
State v. Andersongreen2 sentences2009See State v. Anderson, 287 Kan. 325 , 197 P.3d 409 (2008). “ ‘Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule. 2009See State v. Anderson, 287 Kan. 325 , 197 P.3d 409 (2008). “ ‘Violation of the Confrontation Clause is subject to analysis under the federal harmless error rule. | 1 | 1 |
United States v. Robert Douglas Treadwaygreen2 sentences2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 . 2004Thus, the court concluded that Treadway had failed to show how the removal of Agee had “affected his substantial rights or the ‘fundamental fairness, honesty, or public reputation’ of his judicial proceeding.” 328 F.3d at 889 . | 1 | 1 |
State v. Flournoygreen2 sentences2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 . 2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 . | 1 | 1 |
State v. Holmesgreen2 sentences2001See K.S.A. 60-261 (harmless error); State v. Holmes, 272 Kan. 491, 498 , 33 P.3d 856, 861 (2001) (“The Kansas harmless error statute encompasses the federal harmless error and plain error rules.”) The prosecutor’s remarks here do not rise to the level of violating either Flournoy’s right to a fair.trial or his Fourteenth Amendment right to due process. 2001See K.S.A. 60-261 (harmless error); State v. Holmes, 272 Kan. 491, 498 , 33 P.3d 856, 861 (2001) (“The Kansas harmless error statute encompasses the federal harmless error and plain error rules.”) The prosecutor’s remarks here do not rise to the level of violating either Flournoy’s right to a fair.trial or his Fourteenth Amendment right to due process. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chapman v. California
red
2 sentences2016The Tosh court, in using the phrase "likely [had] little weight in the minds of jurors," observed that the phrase "echo[ed] the federal harmless error rule declared in Chapman" and also noted that the language "sound[ed] most like the harmlessness examination now required by K.S.A. 60-261." Tosh, 278 Kan. at 96 (citing Chapman v. California, 386 U.S. 18, 22 , 87 S. Ct. 824 , 17 L. 2016The Tosh court, in using the phrase "likely [had] little weight in the minds of jurors," observed that the phrase "echo[ed] the federal harmless error rule declared in Chapman" and also noted that the language "sound[ed] most like the harmlessness examination now required by K.S.A. 60-261." Tosh, 278 Kan. at 96 (citing Chapman v. California, 386 U.S. 18, 22 , 87 S. Ct. 824 , 17 L. | 10 | 1998–2016 |
State v. Tosh
red
2 sentences2016The Tosh court, in using the phrase "likely [had] little weight in the minds of jurors," observed that the phrase "echo[ed] the federal harmless error rule declared in Chapman" and also noted that the language "sound[ed] most like the harmlessness examination now required by K.S.A. 60-261." Tosh, 278 Kan. at 96 (citing Chapman v. California, 386 U.S. 18, 22 , 87 S. Ct. 824 , 17 L. 2014In Tosh , this court, in using the phrase “likely [had] little weight in the minds of the jurors,” observed that the phrase “echo[ed] the federal harmless error rule declared in Chapman“ and also noted the language “sound[ed] most like the harmlessness examination now required by K.S.A. 60-261.” Tosh, 278 Kan. at 96 . | 4 | 2005–2016 |
State v. Fleury
green
2 sentences2011"The federal harmless-error rule declared in Chapman requires an additional determination by the court that such error was harmless beyond a reasonable doubt in that it had little, if any, likelihood of having changed the result of the trial." Fleury, 203 Kan. at 893 , 457 P.2d 44 . 2011"The federal harmless-error rule declared in Chapman requires an additional determination by the court that such error was harmless beyond a reasonable doubt in that it had little, if any, likelihood of having changed the result of the trial." Fleury, 203 Kan. at 893 , 457 P.2d 44 . | 3 | 1998–2011 |
State v. Dupree
green
2 sentences2017Under the federal constitutional standard, an "'error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., proves there is no reasonable possibility that the error affected the verdict.'" State v. Dupree, 304 Kan. 377, 402-03 , 373 P.3d 811 (2016) (quoting State v. Ward, 292 Kan. 541, 569 , 256 P.3d 801 [2011], cert. denied 565 U.S. 1221 [2012]). 2017Under the federal constitutional standard, an "'error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., proves there is no reasonable possibility that the error affected the verdict.'" State v. Dupree, 304 Kan. 377, 402-03 , 373 P.3d 811 (2016) (quoting State v. Ward, 292 Kan. 541, 569 , 256 P.3d 801 [2011], cert. denied 565 U.S. 1221 [2012]). | 1 | 2017–2017 |
Ward v. Kansas
green
1 sentence2017Under the federal constitutional standard, an "'error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., proves there is no reasonable possibility that the error affected the verdict.'" State v. Dupree, 304 Kan. 377, 402-03 , 373 P.3d 811 (2016) (quoting State v. Ward, 292 Kan. 541, 569 , 256 P.3d 801 [2011], cert. denied 565 U.S. 1221 [2012]). | 1 | 2017–2017 |
State v. Ward
green
2 sentences2017Under the federal constitutional standard, an "'error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., proves there is no reasonable possibility that the error affected the verdict.'" State v. Dupree, 304 Kan. 377, 402-03 , 373 P.3d 811 (2016) (quoting State v. Ward, 292 Kan. 541, 569 , 256 P.3d 801 [2011], cert. denied 565 U.S. 1221 [2012]). 2017Under the federal constitutional standard, an "'error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., proves there is no reasonable possibility that the error affected the verdict.'" State v. Dupree, 304 Kan. 377, 402-03 , 373 P.3d 811 (2016) (quoting State v. Ward, 292 Kan. 541, 569 , 256 P.3d 801 [2011], cert. denied 565 U.S. 1221 [2012]). | 1 | 2017–2017 |
State v. Lyons
green
2 sentences2008State v. Lyons, 266 Kan. 591, 592 , 973 P.2d 794 (1999). 2008State v. Lyons, 266 Kan. 591, 592 , 973 P.2d 794 (1999). | 1 | 2008–2008 |
Berger v. New York
green
1 sentence2007Moreover, the third factor may not override the first two factors, unless the harmlessness tests of both K.S.A. 60-261 and the federal harmless error rule outlined in Chapman v. California, 386 U.S. 18, 22 , 87 S.Ct. 824 , 17 L.Ed.2d 705 , reh. denied 386 U.S. 987 , 87 S.Ct. 1283 , 18 L.Ed.2d 241 (1967), have been met. | 1 | 2007–2007 |
Seymour v. United States
green
2 sentences2007Moreover, the third factor may not override the first two factors, unless the harmlessness tests of both K.S.A. 60-261 and the federal harmless error rule outlined in Chapman v. California, 386 U.S. 18, 22 , 87 S.Ct. 824 , 17 L.Ed.2d 705 , reh. denied 386 U.S. 987 , 87 S.Ct. 1283 , 18 L.Ed.2d 241 (1967), have been met. 2007Ed. 2d 705 , 87 S. Ct. 824 , reh. denied 386 U.S. 987 (1967), have been met. | 1 | 2007–2007 |
State v. Atkinson
green
2 sentences2006State v. Atkinson, 276 Kan. 920, 930 , 80 P.3d 1143 (2003) (Confrontation Clause violation). 2006State v. Atkinson, 276 Kan. 920, 930 , 80 P.3d 1143 (2003) (Confrontation Clause violation). | 1 | 2006–2006 |
State v. Swanigan
green
2 sentences2006By analogy, even more recently, in State v. Swanigan, 279 Kan. 18 , 106 P.3d 39 (2005), we held that the erroneous admission of a defendant’s involuntaiy confession was measured by tire federal, harmless error standard. 2006By analogy, even more recently, in State v. Swanigan, 279 Kan. 18 , 106 P.3d 39 (2005), we held that the erroneous admission of a defendant’s involuntaiy confession was measured by tire federal, harmless error standard. | 1 | 2006–2006 |
State v. Sanders
green
2 sentences2004Where die evidence of guilt is of such direct and overwhelming nature that it can be said that evidence erroneously admitted or excluded in violation of a constitutional or statutory right could not have affected the result of the trial, such admission or exclusion is harmless.” State v. Sanders, 258 Kan. 409, 418-19 , 904 P.2d 951 (1995). *97 K.S.A. 60-261 also encompasses the federal harmless error rule under Rule 52(a) of the Federal Rules of Criminal Procedure, which states: “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” Holmes, 2004Where die evidence of guilt is of such direct and overwhelming nature that it can be said that evidence erroneously admitted or excluded in violation of a constitutional or statutory right could not have affected the result of the trial, such admission or exclusion is harmless.” State v. Sanders, 258 Kan. 409, 418-19 , 904 P.2d 951 (1995). *97 K.S.A. 60-261 also encompasses the federal harmless error rule under Rule 52(a) of the Federal Rules of Criminal Procedure, which states: “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” Holmes, | 1 | 2004–2004 |
State v. Phinis
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
Commonwealth v. Padgett
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
State v. Faidley
green
2 sentences1969In State v. Faidley, 202 Kan. 517 , 450 P.2d 20 , a failure to comply with Miranda guidelines was again urged on this court and rejected on the ground the privilege against self-incrimination did not apply to nontestimonial acts, such as the result of a coordination or sobriety test. 1969In State v. Faidley, 202 Kan. 517 , 450 P.2d 20 , a failure to comply with Miranda guidelines was again urged on this court and rejected on the ground the privilege against self-incrimination did not apply to nontestimonial acts, such as the result of a coordination or sobriety test. | 1 | 1969–1969 |
State v. Gray
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'n
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
Marshall v. Russell
green
2 sentences1969(State v. Gray, 268 N. C. 69 , 150 S. E. 2d 1 (1966), cert. den. 386 U. S. 911 , 17 L. 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
Davis v. Corrections Director
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
Wilbur v. Massachusetts
green
2 sentences1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
Commonwealth v. Wilbur
green
2 sentences1969However, in Faidley this court cited both Chapman v. California, supra, and Commonwealth v. Wilbur, supra, with approval. 1969Other states have recognized and applied the federal harmless-error rule as declared in Chapman to instances where the Miranda *894 warning was not fully and completely given. ( State v. Gray, 268 N.C. 69 , 150 S.E.2d 1 (1966), cert. den. 386 U.S. 911 , 17 L.Ed.2d 784 , 87 S.Ct. 860 ; Commonwealth v. Wilbur, (Mass.) 231 N.E.2d 919 , cert. den. 390 U.S. 1010 , 20 L.Ed.2d 161 , 88 S.Ct. 1260 ; Commonwealth v. Padgett, 428 Pa. 229 , 237 A.2d 209 (1968).) In State v. Phinis, 199 Kan. 472 , 430 P.2d 251 , we considered the guidelines set forth in Miranda for the advice of constitutional rights and | 1 | 1969–1969 |
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.