Cronic exception (Kansas) · Go Syfert
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Cronic exception in Kansas

18 Kansas opinions name it 2 courts 2000–2025 4 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 (9)

CaseFollowedCited
State v. Gleasongreen
kan · 2004 · cited in 4 Kansas opinions naming this issue, 2012–2019
2 sentences

2019Under this exception, as with the Cronic exception, reversal is automatic-unless the district court determines there is no conflict of interest. 296 Kan. at 183 [ 291 P.3d 62 ] ; see State v. Gleason , 277 Kan. 624 , 650, 88 P.3d 218 (2004).

2019Under this exception, as with the Cronic exception, reversal is automatic-unless the district court determines there is no conflict of interest. 296 Kan. at 183 [ 291 P.3d 62 ] ; see State v. Gleason , 277 Kan. 624 , 650, 88 P.3d 218 (2004).

44
Florida v. Nixongreen
scotus · 2004 · cited in 4 Kansas opinions naming this issue, 2012–2024
2 sentences

2024While his effort was brief, caselaw shows its importance to a Cronic analysis. 24 "Errors evaluated under Cronic are rare, and most alleged deficiencies are properly evaluated under Strickland rather than Cronic." State v. Adams, 297 Kan. 665, 670-71 , 304 P.3d 311 (2013); see also Florida v. Nixon, 543 U.S. 175, 190 , 125 S. Ct. 551 , 160 L.

2024While his effort was brief, caselaw shows its importance to a Cronic analysis. 24 "Errors evaluated under Cronic are rare, and most alleged deficiencies are properly evaluated under Strickland rather than Cronic." State v. Adams, 297 Kan. 665, 670-71 , 304 P.3d 311 (2013); see also Florida v. Nixon, 543 U.S. 175, 190 , 125 S. Ct. 551 , 160 L.

24
State v. Cartergreen
kan · 2000 · cited in 4 Kansas opinions naming this issue, 2012–2024
2 sentences

2024See State v. Carter, 270 Kan. 426 , 14 P.3d 1138 (2000) (reaching a Cronic claim because the record on appeal could enable meaningful review of the claim).

2024See State v. Carter, 270 Kan. 426 , 14 P.3d 1138 (2000) (reaching a Cronic claim because the record on appeal could enable meaningful review of the claim).

24
Edgar v. Stategreen
kan · 2012 · cited in 4 Kansas opinions naming this issue, 2012–2024
2 sentences

2020Cronic applies in rare circumstances: "This narrow exception, referred to as the Cronic exception, is 'reserved for situations in which counsel has entirely failed to function as the client's advocate.' The Supreme Court 8 has stressed this last point, emphasizing 'the attorney's failure must be complete,' that is, the Cronic-type presumption applies only '"if counsel entirely fails to subject the prosecution's case to meaningful adversarial testing."' [Citations omitted.]" Edgar v. State, 294 Kan. 828, 840 , 283 P.3d 152 (2012).

2020Cronic applies in rare circumstances: "This narrow exception, referred to as the Cronic exception, is 'reserved for situations in which counsel has entirely failed to function as the client's advocate.' The Supreme Court 8 has stressed this last point, emphasizing 'the attorney's failure must be complete,' that is, the Cronic-type presumption applies only '"if counsel entirely fails to subject the prosecution's case to meaningful adversarial testing."' [Citations omitted.]" Edgar v. State, 294 Kan. 828, 840 , 283 P.3d 152 (2012).

14
United States v. Brent Paul Swansongreen
ca9 · 1991 · cited in 2 Kansas opinions naming this issue, 2000–2012
2 sentences

2012As in [United States v.] Swanson, [ 943 F.2d 1070, 1073-74 (9th Cir. 1991),] such a breakdown compels application of the Cronic exception. [See United States v. Cronic, 466 U.S. 648 , 104 S. Ct. 2039 , 80 L.

2012As in [United States v.] Swanson, [ 943 F.2d 1070, 1073-74 (9th Cir. 1991),] such a breakdown compels application of the Cronic exception. [See United States v. Cronic, 466 U.S. 648 , 104 S. Ct. 2039 , 80 L.

12
Hamilton v. Alabamagreen
scotus · 1961 · cited in 1 Kansas opinions naming this issue, 2024–2024
2 sentences

2024See Hamilton, 368 U.S. at 55 (presuming prejudice when counsel denied at arraignment because this was only time defendant could have asserted certain defenses).

2024See Hamilton, 368 U.S. at 55 (presuming prejudice when counsel denied at arraignment because this was only time defendant could have asserted certain defenses).

11
Lingenfelter v. Stategreen
kanctapp · 2010 · cited in 1 Kansas opinions naming this issue, 2020–2020
2 sentences

2020In Lingenfelter v. State, No. 102,391, 2010 WL 4320356, at *2 (Kan.

2020In Lingenfelter v. State, No. 102,391, 2010 WL 4320356, at *2 (Kan.

11
United States v. Collinsgreen
ca10 · 2005 · cited in 1 Kansas opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., United States v. Collins, 430 F.3d 1260 (10th Cir. 2005) (attorney, who had filed motion to withdraw, declined to comment at defendant’s competency hearing and mentioned he possessed probative evidence but did not introduce it; court held right to counsel denied because no meaningful adversarial testing); Tucker v. Day, 969 F.2d 155, 159 (5th Cir. 1992) (finding appointed counsel at re-sentencing hearing was ineffective under Cronic because he did not consult with defendant, had scant knowledge of facts, and made no helpful comments at sentencing); see also State v. Carter, 270 Kan.

2013See, e.g., United States v. Collins, 430 F.3d 1260 (10th Cir. 2005) (attorney, who had filed motion to withdraw, declined to comment at defendant’s competency hearing and mentioned he possessed probative evidence but did not introduce it; court held right to counsel denied because no meaningful adversarial testing); Tucker v. Day, 969 F.2d 155, 159 (5th Cir. 1992) (finding appointed counsel at re-sentencing hearing was ineffective under Cronic because he did not consult with defendant, had scant knowledge of facts, and made no helpful comments at sentencing); see also State v. Carter, 270 Kan.

11
Raymond Alton Tucker v. Ed Day, Wardengreen
ca5 · 1992 · cited in 1 Kansas opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., United States v. Collins, 430 F.3d 1260 (10th Cir. 2005) (attorney, who had filed motion to withdraw, declined to comment at defendant’s competency hearing and mentioned he possessed probative evidence but did not introduce it; court held right to counsel denied because no meaningful adversarial testing); Tucker v. Day, 969 F.2d 155, 159 (5th Cir. 1992) (finding appointed counsel at re-sentencing hearing was ineffective under Cronic because he did not consult with defendant, had scant knowledge of facts, and made no helpful comments at sentencing); see also State v. Carter, 270 Kan.

2013See, e.g., United States v. Collins, 430 F.3d 1260 (10th Cir. 2005) (attorney, who had filed motion to withdraw, declined to comment at defendant’s competency hearing and mentioned he possessed probative evidence but did not introduce it; court held right to counsel denied because no meaningful adversarial testing); Tucker v. Day, 969 F.2d 155, 159 (5th Cir. 1992) (finding appointed counsel at re-sentencing hearing was ineffective under Cronic because he did not consult with defendant, had scant knowledge of facts, and made no helpful comments at sentencing); see also State v. Carter, 270 Kan.

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 (11)

CaseCitedYears
United States v. Cronic green
scotus · 1984
2 sentences

2025Lara-Lopez argues that this court should apply the Cronic test, which applies when a defendant suffers a "'complete denial of the assistance of counsel . . . at a critical stage of a [criminal] proceeding.'" State v. McDaniel, 306 Kan. 595 , 608, 395 P.3d 429 (2017) (citing United States v. Cronic, 466 U.S. 648, 658-59 , 104 S. Ct. 2039 , 80 L.

2025Lara-Lopez argues that this court should apply the Cronic test, which applies when a defendant suffers a "'complete denial of the assistance of counsel . . . at a critical stage of a [criminal] proceeding.'" State v. McDaniel, 306 Kan. 595 , 608, 395 P.3d 429 (2017) (citing United States v. Cronic, 466 U.S. 648, 658-59 , 104 S. Ct. 2039 , 80 L.

102012–2025
State v. Galaviz green
kan · 2012
2 sentences

2019Under this exception, as with the Cronic exception, reversal is automatic-unless the district court determines there is no conflict of interest. 296 Kan. at 183 [ 291 P.3d 62 ] ; see State v. Gleason , 277 Kan. 624 , 650, 88 P.3d 218 (2004).

2019Under this exception, as with the Cronic exception, reversal is automatic-unless the district court determines there is no conflict of interest. 296 Kan. at 183 [ 291 P.3d 62 ] ; see State v. Gleason , 277 Kan. 624 , 650, 88 P.3d 218 (2004).

42014–2019
Bell v. Cone green
scotus · 2002
2 sentences

2024There, the United States Supreme Court explained that establishing a presumption of prejudice under the Cronic exception requires a showing of "the 'complete denial of counsel'" and allegations of error at specific points in the attorney's representation do not qualify. 535 U.S. at 695 .

2024There, the United States Supreme Court explained that establishing a presumption of prejudice under the Cronic exception requires a showing of "the 'complete denial of counsel'" and allegations of error at specific points in the attorney's representation do not qualify. 535 U.S. at 695 .

32012–2024
Mickens v. Taylor green
scotus · 2002
2 sentences

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 ).

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 ).

22012–2014
Strickland v. Washington green
scotus · 1984
2 sentences

2024Instead, specific complaints are handled under the general rules for evaluating counsel's performance established in Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.

2024Instead, specific complaints are handled under the general rules for evaluating counsel's performance established in Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 , 80 L.

12024–2024
State v. Adams green
kan · 2013
2 sentences

2024While his effort was brief, caselaw shows its importance to a Cronic analysis. 24 "Errors evaluated under Cronic are rare, and most alleged deficiencies are properly evaluated under Strickland rather than Cronic." State v. Adams, 297 Kan. 665, 670-71 , 304 P.3d 311 (2013); see also Florida v. Nixon, 543 U.S. 175, 190 , 125 S. Ct. 551 , 160 L.

2024While his effort was brief, caselaw shows its importance to a Cronic analysis. 24 "Errors evaluated under Cronic are rare, and most alleged deficiencies are properly evaluated under Strickland rather than Cronic." State v. Adams, 297 Kan. 665, 670-71 , 304 P.3d 311 (2013); see also Florida v. Nixon, 543 U.S. 175, 190 , 125 S. Ct. 551 , 160 L.

12024–2024
Trotter v. State green
kan · 2009
2 sentences

2024Trotter, 288 Kan. 112 , Syl. ¶ 10.

2024Trotter, 288 Kan. 112 , Syl. ¶ 10.

12024–2024
Fuller v. State green
kan · 2015
2 sentences

2020Under the so-called Cronic exception, a court presumes prejudice and a movant "is 'spared . . . the need of showing probable effect upon the outcome.'" Fuller, 303 Kan. at 487 .

2020Under the so-called Cronic exception, a court presumes prejudice and a movant "is 'spared . . . the need of showing probable effect upon the outcome.'" Fuller, 303 Kan. at 487 .

12020–2020
In the Interest of Rushing green
kanctapp · 1984
2 sentences

2017In Rushing, the court did apply the Cronic exception to the parental severance case because the father's attorney left the courtroom "mid-trial" and was not present during much of the evidentiary hearing, the evidence of father's unfitness was "marginal at best," and the attorney made no argument to the trial judge concerning the sufficiency of the evidence. 9 Kan.

2017In Rushing, the court did apply the Cronic exception to the parental severance case because the father's attorney left the courtroom "mid-trial" and was not present during much of the evidentiary hearing, the evidence of father's unfitness was "marginal at best," and the attorney made no argument to the trial judge concerning the sufficiency of the evidence. 9 Kan.

12017–2017
Jaramillo v. Pinkerton neutral
scotus · 2002
2 sentences

2014Ed. 2d 914 , reh. denied 536 U.S. 976 (2002).

2014Ed. 2d 914 , reh. denied 536 U.S. 976 (2002).

12014–2014
Holloway v. Arkansas green
scotus · 1978
2 sentences

2012Mickens, 535 U.S. at 168 (citing Holloway, 435 U.S. at 488 ); see Gleason, 277 Kan. at 650 .

2012Mickens, 535 U.S. at 168 (citing Holloway, 435 U.S. at 488 ); see Gleason, 277 Kan. at 650 .

12012–2012

Statutes the citing opinions construe

KS § K.S.A. § 60-1507 (10) KS § K.S.A. § 22-3601 (4) KS § K.S.A. § 20-3018 (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

IL 44 (1988–2026) TX 37 (2002–2025) PA 31 (2003–2025) MI 19 (2007–2026) KS 18 (2000–2025) IN 17 (1991–2018) CA 15 (1996–2025) FL 10 (2000–2017) ID 9 (2007–2024) TN 8 (2003–2020) MD 8 (2005–2025) NJ 8 (1987–2021) CT 7 (2015–2025) WI 7 (2007–2026) DE 7 (2019–2022) MS 6 (1999–2023) OH 5 (2017–2025) AZ 5 (1996–2024) LA 4 (2003–2016) GA 4 (2019–2026) AL 3 (2005–2026) MT 3 (2018–2026) WA 3 (2025–2026) ME 3 (2006–2021) DC 2 (2006–2007) NC 2 (2018–2026) SC 2 (2004–2011) WY 2 (2003–2005) CO 2 (2024–2025)

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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