Ross hearing (Kansas) · Go Syfert
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Ross hearing in Kansas

19 Kansas opinions name it 2 courts 1995–2024 3 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 (7)

CaseFollowedCited
In Re Marriage of Rossgreen
kan · 1989 · cited in 7 Kansas opinions naming this issue, 1995–2022
2 sentences

2022O.B.'s counsel and the district court suggested the hearing was a "Ross hearing" pursuant to In re Marriage of Ross, 245 Kan. 591 , 783 P.2d 331 (1989).

2022O.B.'s counsel and the district court suggested the hearing was a "Ross hearing" pursuant to In re Marriage of Ross, 245 Kan. 591 , 783 P.2d 331 (1989).

27
Hamlin v. Kansas Department of Revenuegreen
kan · 2009 · cited in 2 Kansas opinions naming this issue, 2010–2010
2 sentences

2010See Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 395 , 204 P.3d 562 (2009) (issues not briefed are deemed waived or abandoned).

2010See Kingsley v. Kansas Dept. of Revenue, 288 Kan. 390, 395 , 204 P.3d 562 (2009) (issues not briefed are deemed waived or abandoned).

22
In Re DBSgreen
kanctapp · 1995 · cited in 2 Kansas opinions naming this issue, 2006–2014
2 sentences

2014See, e.g., In re D.B.S., 20 Kan.

2014See, e.g., In re D.B.S., 20 Kan.

12
State v. Aguilargreen
kan · 2010 · cited in 1 Kansas opinions naming this issue, 2023–2023
2 sentences

2023See State v. Aguilar, 290 Kan. 506, 512-13 , 231 P.3d 563 (2010). 8 Ross' claim is grounded in the second of these factors as he contends the State secured his guilty plea by threatening to dismiss and refile the case against him.

2023See State v. Aguilar, 290 Kan. 506, 512-13 , 231 P.3d 563 (2010). 8 Ross' claim is grounded in the second of these factors as he contends the State secured his guilty plea by threatening to dismiss and refile the case against him.

11
Guth v. Wagnergreen
kanctapp · 2010 · cited in 1 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See Guth v. Wagner, No. 103,398, 2010 WL 2978091, at *8-9 (Kan.

2014See Guth v. Wagner, No. 103,398, 2010 WL 2978091, at *8-9 (Kan.

11
In Re the Marriage of Phillipsgreen
kan · 2002 · cited in 1 Kansas opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., In re Marriage of Phillips, 274 Kan 1049, 1057-58, 58 P.3d 680 (2002); Jensen v. Runft, 252 Kan. 76, 78 , 843 P.2d 191 (1992); In re D.B.S., 20 Kan.

2006See, e.g., In re Marriage of Phillips, 274 Kan 1049, 1057-58, 58 P.3d 680 (2002); Jensen v. Runft, 252 Kan. 76, 78 , 843 P.2d 191 (1992); In re D.B.S., 20 Kan.

11
United States v. Di Regreen
scotus · 1948 · cited in 1 Kansas opinions naming this issue, 2003–2003
2 sentences

2003As the Court notes, and as United States v. Di Re, 332 U.S. 581, 586-587 (1948), . . . makes clear, the search of a person, including even ‘ “a limited search of the outer clothing,” ’ [citation omitted] is a very different matter in respect to which the law provides ‘significantly heightened protection.’ [Citation omitted.]” 526 U.S. at 308 . *277 Justice Breyer stated that it was important to him that Houghton’s purse “was found at a considerable distance from its owner, who did not claim ownership until the officer discovered her identification while looking through it.” 526 U.S. at 308 .

2003As the Court notes, and as United States v. Di Re, 332 U.S. 581, 586-587 (1948), . . . makes clear, the search of a person, including even ‘ “a limited search of the outer clothing,” ’ [citation omitted] is a very different matter in respect to which the law provides ‘significantly heightened protection.’ [Citation omitted.]” 526 U.S. at 308 . *277 Justice Breyer stated that it was important to him that Houghton’s purse “was found at a considerable distance from its owner, who did not claim ownership until the officer discovered her identification while looking through it.” 526 U.S. at 308 .

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
Ferguson v. Winston green
kanctapp · 2000
2 sentences

2007Because of tire presumption that Michael is Dale’s son, the Ferguson court held that the district court erroneously considered ge *8 netic test results obtained without the benefit of a Ross hearing to determine whether it was in Michael’s best interests to shift paternity from the presumptive father to the biological father. 27 Kan.

2007Because of tire presumption that Michael is Dale’s son, the Ferguson court held that the district court erroneously considered ge *8 netic test results obtained without the benefit of a Ross hearing to determine whether it was in Michael’s best interests to shift paternity from the presumptive father to the biological father. 27 Kan.

22006–2007
Wyoming v. Houghton green
scotus · 1999
2 sentences

2006Noting that “[p]assengers, no less than drivers, possess a reduced expectation of privacy with regard to the property that they transport in cars,” the Houghton Court refused to create an exception to the Ross rule that required officers to determine the ownership of each container inside a car before allowing the search of that container, when there was probable cause to search the car and the object of the search could be found in that container. 526 U.S. at 303 .

2006Noting that “[p]assengers, no less than drivers, possess a reduced expectation of privacy with regard to the property that they transport in cars,” the Houghton Court refused to create an exception to the Ross rule that required officers to determine the ownership of each container inside a car before allowing the search of that container, when there was probable cause to search the car and the object of the search could be found in that container. 526 U.S. at 303 .

22003–2006
State v. McCune green
kan · 2014
2 sentences

2024Instead, we held that the district court reasonably weighed the six nonexhaustive factors outlined in State v. McCune, 299 Kan. 1216, 1231 , 330 P.3d 1107 (2014), for determining whether compelling reasons exist to grant the independent psychological evaluation of an alleged sex abuse victim.

2024Instead, we held that the district court reasonably weighed the six nonexhaustive factors outlined in State v. McCune, 299 Kan. 1216, 1231 , 330 P.3d 1107 (2014), for determining whether compelling reasons exist to grant the independent psychological evaluation of an alleged sex abuse victim.

12024–2024
State v. Gregg green
kan · 1979
2 sentences

2024Yet, we rejected Ross' argument that our Supreme Court's precedent in State v. Gregg, 226 Kan. 481, 489 , 602 P.2d 85 (1979), required the district court to grant Ross' motion.

2024Yet, we rejected Ross' argument that our Supreme Court's precedent in State v. Gregg, 226 Kan. 481, 489 , 602 P.2d 85 (1979), required the district court to grant Ross' motion.

12024–2024
Greer ex rel. Farbo v. Greer green
kanctapp · 2014
2 sentences

2022The Greer panel examined Ross and the evolution of both the KPA and caselaw to conclude that, while Ross remains good law, a Ross hearing is "only required in two very specific situations." Greer, 50 Kan.

2022The Greer panel examined Ross and the evolution of both the KPA and caselaw to conclude that, while Ross remains good law, a Ross hearing is "only required in two very specific situations." Greer, 50 Kan.

12022–2022
Reese v. Muret green
kan · 2007
2 sentences

2018Interpretation of the relevant statutes, controlling precedent, *526 and public policy support the district court's decision to hold a Ross hearing in Heather's [Parentage Act] action." 283 Kan. at 12 , 150 P.3d 309 .

2018Interpretation of the relevant statutes, controlling precedent, *526 and public policy support the district court's decision to hold a Ross hearing in Heather's [Parentage Act] action." 283 Kan. at 12 , 150 P.3d 309 .

12018–2018
State v. Ross green
kanctapp · 2007
1 sentence

2009(Emphasis added.) 37 Kan.

12009–2009
Jensen v. Runft green
kan · 1992
2 sentences

2006See, e.g., In re Marriage of Phillips, 274 Kan 1049, 1057-58, 58 P.3d 680 (2002); Jensen v. Runft, 252 Kan. 76, 78 , 843 P.2d 191 (1992); In re D.B.S., 20 Kan.

2006See, e.g., In re Marriage of Phillips, 274 Kan 1049, 1057-58, 58 P.3d 680 (2002); Jensen v. Runft, 252 Kan. 76, 78 , 843 P.2d 191 (1992); In re D.B.S., 20 Kan.

12006–2006

Statutes the citing opinions construe

KS § K.S.A. § 23-2208 (4) KS § K.S.A. § 39-755 (4) KS § K.S.A. § 23-2201 (3) KS § K.S.A. § 23-2209 (3) KS § K.S.A. § 23-2212 (3) KS § K.S.A. § 39-709 (3) KS § K.S.A. § 59-2136 (3) KS § K.S.A. § 65-2409a (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

TX 37 (2000–2025) MI 21 (1987–2024) KS 19 (1995–2024) MS 14 (1992–2024) OH 14 (1996–2025) IL 13 (1981–2026) PA 11 (1977–2023) IN 11 (1991–2023) GA 10 (1998–2025) CA 9 (1985–2025) AL 8 (1989–2025) MD 7 (1987–2018) FL 6 (1977–2023) NY 5 (1997–2026) MN 5 (1993–2024) MO 5 (1970–2011) WI 4 (2000–2023) IA 4 (2000–2017) WA 4 (1990–2026) NE 3 (1985–2000) AZ 3 (2014–2014) SC 2 (2000–2018) KY 2 (1996–2009)

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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