defining instruction (Kansas) · Go Syfert
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defining instruction in Kansas

19 Kansas opinions name it 2 courts 1976–2026 6 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 (4)

CaseFollowedCited
State v. Norrisgreen
kan · 1979 · cited in 8 Kansas opinions naming this issue, 1986–2026
2 sentences

2026We further stated that '[a] term which is widely used and 11 which is readily comprehensible need not have a defining instruction.' 226 Kan. at 95 ." Armstrong, 299 Kan. at 440 .

2024This is because "[a] term which is widely 43 used and which is readily comprehensible need not have a defining instruction." State v. Norris, 226 Kan. 90 , Syl. ¶ 4, 595 P.2d 1110 (1979).

28
State v. Armstronggreen
kan · 2014 · cited in 3 Kansas opinions naming this issue, 2015–2026
2 sentences

2026We further stated that '[a] term which is widely used and 11 which is readily comprehensible need not have a defining instruction.' 226 Kan. at 95 ." Armstrong, 299 Kan. at 440 .

2022A term which is widely used and which is readily comprehensible need not have a defining instruction. [Citations omitted.]" State v. Norris, 226 Kan. 90, 95 , 595 P.2d 1110 (1979); see State v. Armstrong, 299 Kan. 405, 440 , 324 P.3d 1052 (2014).

13
State v. Roberts-Reidgreen
kan · 1986 · cited in 2 Kansas opinions naming this issue, 2004–2014
2 sentences

2014See State v. Roberts-Reid, 238 Kan. 788, 789 , 714 P.2d 971 (1986).

2014See State v. Roberts-Reid, 238 Kan. 788, 789 , 714 P.2d 971 (1986).

12
State v. Bunyardgreen
kan · 2006 · cited in 1 Kansas opinions naming this issue, 2023–2023
1 sentence

2023See State v. Norris, 226 Kan. 90, 95 , 595 P.2d 1110 (1979) (term which is widely used and which is readily comprehensible need not have a defining instruction)." Bunyard, 281 Kan. at 420 (McFarland, C.J., concurring in part and dissenting in part).

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 (8)

CaseCitedYears
State v. Requena green
kanctapp · 2001
2 sentences

2010A term which is widely used and which is readily comprehensible need not have a defining instruction.'" State v. Patton, 33 Kan.App.2d 391, 396 , 102 P.3d 1195 (2004), rev. denied 279 Kan. 1009 (2005) (quoting State v. Requena, 30 Kan.App.2d 200, 206 , 41 P.3d 862 [2001]).

2010A term which is widely used and which is readily comprehensible need not have a defining instruction.'" State v. Patton, 33 Kan.App.2d 391, 396 , 102 P.3d 1195 (2004), rev. denied 279 Kan. 1009 (2005) (quoting State v. Requena, 30 Kan.App.2d 200, 206 , 41 P.3d 862 [2001]).

22004–2010
State v. Schoenberger green
kan · 1975
2 sentences

1979State v. Schoenberger, 216 Kan. 464 , 532 P.2d 1085 (1975).

1979State v. Schoenberger, 216 Kan. 464 , 532 P.2d 1085 (1975).

21976–1979
State v. Robinson green
kan · 2015
2 sentences

2024It is only when the instructions as a whole would mislead the jury, or cause them to speculate, that additional terms should be defined." We further stated that "[a] term which is widely used and which is readily comprehensible need not have a defining instruction." [Citations omitted.]'" State v. Robinson, 303 Kan. 11, 275-76 , 363 P.3d 875 (2015). 41 Here, we conclude Z.M.'s aiding and abetting instruction was legally appropriate for several reasons.

2024It is only when the instructions as a whole would mislead the jury, or cause them to speculate, that additional terms should be defined." We further stated that "[a] term which is widely used and which is readily comprehensible need not have a defining instruction." [Citations omitted.]'" State v. Robinson, 303 Kan. 11, 275-76 , 363 P.3d 875 (2015). 41 Here, we conclude Z.M.'s aiding and abetting instruction was legally appropriate for several reasons.

12024–2024
State v. Chaney green
kan · 2000
2 sentences

2023Rather, the force necessary to overcome the victim of rape is a "highly subjective concept" that does not lend "itself to definition as a matter of law." State v. Chaney, 269 Kan. 10, 20 , 5 P.3d 492 (2000).

2023Rather, the force necessary to overcome the victim of rape is a "highly subjective concept" that does not lend "itself to definition as a matter of law." State v. Chaney, 269 Kan. 10, 20 , 5 P.3d 492 (2000).

12023–2023
State v. Patton green
kanctapp · 2004
2 sentences

2010A term which is widely used and which is readily comprehensible need not have a defining instruction.'" State v. Patton, 33 Kan.App.2d 391, 396 , 102 P.3d 1195 (2004), rev. denied 279 Kan. 1009 (2005) (quoting State v. Requena, 30 Kan.App.2d 200, 206 , 41 P.3d 862 [2001]).

2010A term which is widely used and which is readily comprehensible need not have a defining instruction.'" State v. Patton, 33 Kan.App.2d 391, 396 , 102 P.3d 1195 (2004), rev. denied 279 Kan. 1009 (2005) (quoting State v. Requena, 30 Kan.App.2d 200, 206 , 41 P.3d 862 [2001]).

12010–2010
State v. Fisher green
kan · 1981
2 sentences

2004A term which is widely used and which is readily comprehensible need not have a defining instruction." In State v. Fisher, 230 Kan. 192, 194-95 , 631 P.2d 239 (1981), the court discussed the meaning of the term "may" in the child endangerment statute.

2004A term which is widely used and which is readily comprehensible need not have a defining instruction." In State v. Fisher, 230 Kan. 192, 194-95 , 631 P.2d 239 (1981), the court discussed the meaning of the term "may" in the child endangerment statute.

12004–2004
State v. Brown green
kanctapp · 1981
1 sentence

2001A word or phrase which persons of common intelligence and understanding can comprehend is not one which requires definition.” 6 Kan.

12001–2001
State v. Sauvage green
kan · 1968
2 sentences

1983The State’s requested instruction included a phrase defining the offense as being “unable to operate his vehicle as a person exercising ordinary care would under like or similar circumstances.” Such a standard was approved by this court in State v. Sauvage, 201 Kan. 555 , 441 P.2d 861 (1968), under an earlier statute (K.S.A. 8-530 [Corrick] repealed 1974), which was essentially the same as our present statute.

1983The State’s requested instruction included a phrase defining the offense as being “unable to operate his vehicle as a person exercising ordinary care would under like or similar circumstances.” Such a standard was approved by this court in State v. Sauvage, 201 Kan. 555 , 441 P.2d 861 (1968), under an earlier statute (K.S.A. 8-530 [Corrick] repealed 1974), which was essentially the same as our present statute.

11983–1983

Statutes the citing opinions construe

KS § K.S.A. § 21-5202 (4) KS § K.S.A. § 21-3107 (3) KS § K.S.A. § 21-3502 (3) KS § K.S.A. § 22-3423 (3) KS § K.S.A. § 60-261 (3) KS § K.S.A. § 60-455 (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

KS 19 (1976–2026) TX 8 (1936–2019) WV 6 (2004–2023) IL 4 (1893–1978) WA 3 (1988–2010) UT 3 (1991–2019) OH 3 (2000–2010) OR 2 (1956–1956) IA 2 (2015–2019) AK 2 (1976–1976) CA 2 (1993–2016) NY 2 (1992–1995) WY 2 (1989–2018)

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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