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17 Kansas opinions name it 2 courts 1910–2022 2 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 |
|---|---|---|
Ex parte Aguilargreen1 sentence2020For example, in Ex parte Aguilar, 537 S.W.3d 122, 128 (Tex. Crim. App. 2017), the court noted: "When a criminal defense attorney is advised by an immigration attorney and correctly relies on that advice, the advice and immigration-law knowledge is imputed to the criminal defense attorney and his performance is evaluated in light of that expertise." The Oregon Court of Appeals similarly reasoned that when a criminal defense attorney relies on outside immigration attorneys to educate himself or herself about immigration consequences, the outside immigration counsel "functions as a member of the | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State ex rel. Nebraska State Bar Ass'n v. Michaelis
green
2 sentences2022A member of the bar can, and will, be stopped at the point where he infringes our Canons of Ethics; and if he wishes to remain a member of the bar he will conduct himself in accordance therewith."' 210 Neb. at 556-58 . 1986A member of the bar can, and will, be stopped at the point where he infringes our Canons of Ethics; and if he wishes to remain a member of the bar he will conduct himself in accordance therewith.’ ” 210 Neb. at 556-58 . | 2 | 1986–2022 |
Bloom v. Muckenthaler
green
1 sentence2022App. 2d 603, 609-10 , 127 P.3d 342 (2005) (rejecting a First Amendment argument when the petitioner only alleged "one piece of legal mail was opened before he received it" because it "was not from a member of the bar" and "[e]ven if the letter was legal mail under the administrative regulations, this one incident in itself does not support an action for breach of Bloom's constitutional rights"); Astorga v. Leavenworth County Sheriff, No. 122,387, 2020 WL 6533282 , at *10 (Kan. | 1 | 2022–2022 |
Daramola v. State
green
2 sentences2020For example, in Ex parte Aguilar, 537 S.W.3d 122, 128 (Tex. Crim. App. 2017), the court noted: "When a criminal defense attorney is advised by an immigration attorney and correctly relies on that advice, the advice and immigration-law knowledge is imputed to the criminal defense attorney and his performance is evaluated in light of that expertise." The Oregon Court of Appeals similarly reasoned that when a criminal defense attorney relies on outside immigration attorneys to educate himself or herself about immigration consequences, the outside immigration counsel "functions as a member of the 2020For example, in Ex parte Aguilar, 537 S.W.3d 122, 128 (Tex. Crim. App. 2017), the court noted: "When a criminal defense attorney is advised by an immigration attorney and correctly relies on that advice, the advice and immigration-law knowledge is imputed to the criminal defense attorney and his performance is evaluated in light of that expertise." The Oregon Court of Appeals similarly reasoned that when a criminal defense attorney relies on outside immigration attorneys to educate himself or herself about immigration consequences, the outside immigration counsel "functions as a member of the | 1 | 2020–2020 |
In Re Snyder
green
1 sentence2007The United States Supreme Court reversed, holding: (1) The attorneys refusal to submit further documentation in support of the fees request, while it could form the basis for declining to award a fee, did not support the suspension from practice; (2) criticism of administration of the Criminal Justice Act and of inequities in assignments under the Act was not cause for discipline or suspension; and (3) even if a letter written by the attorney exhibited an “unlawyer-like rudeness,” this single incident of rudeness or lack of professional courtesy was not “contemptuous or contumacious conduct” a | 1 | 2007–2007 |
Kentucky v. Stincer
green
2 sentences2004FUNDAMENTAL RIGHT TO BE PRESENT Our Supreme Court has ruled that a “defendant’s constitutional right to be present during criminal proceedings stems from the Sixth Amendment to the United States Constitution right to confront witnesses and the Fifth and Fourteenth Amendments to the United States Constitution due process right to attend critical stages of a criminal proceeding in which the defendant is not actually confronting witnesses or evidence against him or her. [Citations omitted.]” State v. Mann, 274 Kan. 670, 680 , 56 P.3d 212 (2002). “[A] defendant is guaranteed the right to be presen 2004FUNDAMENTAL RIGHT TO BE PRESENT Our Supreme Court has ruled that a “defendant’s constitutional right to be present during criminal proceedings stems from the Sixth Amendment to the United States Constitution right to confront witnesses and the Fifth and Fourteenth Amendments to the United States Constitution due process right to attend critical stages of a criminal proceeding in which the defendant is not actually confronting witnesses or evidence against him or her. [Citations omitted.]” State v. Mann, 274 Kan. 670, 680 , 56 P.3d 212 (2002). “[A] defendant is guaranteed the right to be presen | 1 | 2004–2004 |
Wheat v. United States
green
1 sentence2004Therefore, a court may restrict the defendant’s right to retain counsel of his or her choice if the defendant insists on an attorney he or she cannot afford, the attorney declines to represent the defendant for other reasons, the attorney is not a member of the bar, or counsel has a “previous or ongoing relationship with an opposing party, even when the opposing party is the Government.” 486 U.S. at 159 . | 1 | 2004–2004 |
State v. Mann
green
2 sentences2004FUNDAMENTAL RIGHT TO BE PRESENT Our Supreme Court has ruled that a “defendant’s constitutional right to be present during criminal proceedings stems from the Sixth Amendment to the United States Constitution right to confront witnesses and the Fifth and Fourteenth Amendments to the United States Constitution due process right to attend critical stages of a criminal proceeding in which the defendant is not actually confronting witnesses or evidence against him or her. [Citations omitted.]” State v. Mann, 274 Kan. 670, 680 , 56 P.3d 212 (2002). “[A] defendant is guaranteed the right to be presen 2004FUNDAMENTAL RIGHT TO BE PRESENT Our Supreme Court has ruled that a “defendant’s constitutional right to be present during criminal proceedings stems from the Sixth Amendment to the United States Constitution right to confront witnesses and the Fifth and Fourteenth Amendments to the United States Constitution due process right to attend critical stages of a criminal proceeding in which the defendant is not actually confronting witnesses or evidence against him or her. [Citations omitted.]” State v. Mann, 274 Kan. 670, 680 , 56 P.3d 212 (2002). “[A] defendant is guaranteed the right to be presen | 1 | 2004–2004 |
State v. Lewis
green
2 sentences2001We have every right to expect more from attorneys in this state and certainly from prosecutors who have a compelling obligation to see that justice is done in every criminal prosecution and who have no right to engage in "win at all costs" conduct. *61 This case has some similarity to the decision State v. Lewis, 238 Kan. 94 , 708 P.2d 196 (1985). 2001We have every right to expect more from attorneys in this state and certainly from prosecutors who have a compelling obligation to see that justice is done in every criminal prosecution and who have no right to engage in "win at all costs" conduct. *61 This case has some similarity to the decision State v. Lewis, 238 Kan. 94 , 708 P.2d 196 (1985). | 1 | 2001–2001 |
State v. Sullivan & Smith
neutral
2 sentences1999In State v. Sullivan & Smith, 210 Kan. 842, 847 , 504 P.2d 190 (1972), we noted: *647 “We cannot refrain from re-emphasizing, however, that a discovery order entered by the court is not to be taken lightly by a member of the bar. 1999In State v. Sullivan & Smith, 210 Kan. 842, 847 , 504 P.2d 190 (1972), we noted: *647 “We cannot refrain from re-emphasizing, however, that a discovery order entered by the court is not to be taken lightly by a member of the bar. | 1 | 1999–1999 |
State ex rel. Stephan v. Adam
neutral
2 sentences1995Stephan v. Adam, 243 Kan. 619, 625 , 760 P.2d 683 (1988): “A member of the bar, licensed to practice law, does have a property right in the license. 1995Stephan v. Adam, 243 Kan. 619, 625 , 760 P.2d 683 (1988): “A member of the bar, licensed to practice law, does have a property right in the license. | 1 | 1995–1995 |
Matter of Keiler
green
1 sentence1986“The crux of the American system of justice is basic fairness.” 380 A.2d at 125 . | 1 | 1986–1986 |
Lee v. State
neutral
2 sentences1977In the recent case of Lee v. State, 220 Kan. 221 , 552 P. 2d 626 , the applicable rule was stated in these words: “Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. 1977In the recent case of Lee v. State, 220 Kan. 221 , 552 P. 2d 626 , the applicable rule was stated in these words: “Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. | 1 | 1977–1977 |
Kelsey v. Layne
green
1 sentence1976The district court placed considerable reliance on Kelsey v. Layne, 28 Kan. 218 , in finding that K. | 1 | 1976–1976 |
Collins v. State
neutral
2 sentences1976(Collins v. State, 210 Kan. 577 , 502 P. 2d 851 ; Ware v. State, 198 Kan. 523 , 426 P. 2d 78 .) Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. 1976(Collins v. State, 210 Kan. 577 , 502 P. 2d 851 ; Ware v. State, 198 Kan. 523 , 426 P. 2d 78 .) Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. | 1 | 1976–1976 |
Ware v. State
green
2 sentences1976(Collins v. State, 210 Kan. 577 , 502 P. 2d 851 ; Ware v. State, 198 Kan. 523 , 426 P. 2d 78 .) Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. 1976(Collins v. State, 210 Kan. 577 , 502 P. 2d 851 ; Ware v. State, 198 Kan. 523 , 426 P. 2d 78 .) Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. | 1 | 1976–1976 |
Crouch v. Justice of the Peace Court of the Sixth Precinct
green
2 sentences1975The Arizona supreme court rejected that contention, relying on state statutes which did not require justices of the peace to be attorneys and on Crouch v. Justice of Peace Court of Sixth Precinct, 7 Ariz. App. 460 , 440 P. 2d 1000 . 1975The Arizona supreme court rejected that contention, relying on state statutes which did not require justices of the peace to be attorneys and on Crouch v. Justice of Peace Court of Sixth Precinct, 7 Ariz. App. 460 , 440 P. 2d 1000 . | 1 | 1975–1975 |
State v. Lynch
green
2 sentences1975In State v. Lynch, 107 Ariz. 463 , 489 P. 2d 697 , the defendant contended that a preliminary examination before a justice of the peace who was not a member of the state bar of Arizona or any similar bar association violated his due process rights. 1975In State v. Lynch, 107 Ariz. 463 , 489 P. 2d 697 , the defendant contended that a preliminary examination before a justice of the peace who was not a member of the state bar of Arizona or any similar bar association violated his due process rights. | 1 | 1975–1975 |
United States Ex Rel. Feeley v. Ragen
green
1 sentence1972R. 2d 1397.) In United States v. Ragen, 166 F. 2d 976 the court said: “Whenever the court in good faith appoints or accepts the appearance of a member of the bar in good standing to represent a defendant, the presumption is that such counsel is competent. | 1 | 1972–1972 |
People Ex Rel. Dunbar v. Schmitt
green
2 sentences1953Neither party has directed attention to People v. Schmitt, 126 Colo. 546 , 251 P. 2d 915 , decided December 15, 1952, rehearing denied January 5, 1953. 1953Neither party has directed attention to People v. Schmitt, 126 Colo. 546 , 251 P. 2d 915 , decided December 15, 1952, rehearing denied January 5, 1953. | 1 | 1953–1953 |
Savings Bank v. Ward
green
1 sentence1935Any person admitted to practice law in the supreme or any circuit or district court of the United States, or in the highest Court of general jurisdiction in any state or territory, on motion of .a member of the bar of this court in good standing, made in open court, shall be admitted to practice law in this court upon taking the following oath:” In the opinion in the case of Savings Bank v. Ward, 100 U. S. 195 , at page 199, it was said: “Persons acting professionally in legal formalities, negotiations, or proceedings by the warrant of authority of their clients may be regarded as attorneys-at | 1 | 1935–1935 |
In Re Scott
green
1 sentence1935Any person admitted to practice law in the supreme or any circuit or district court of the United States, or in the highest Court of general jurisdiction in any state or territory, on motion of .a member of the bar of this court in good standing, made in open court, shall be admitted to practice law in this court upon taking the following oath:” In the opinion in the case of Savings Bank v. Ward, 100 U. S. 195 , at page 199, it was said: “Persons acting professionally in legal formalities, negotiations, or proceedings by the warrant of authority of their clients may be regarded as attorneys-at | 1 | 1935–1935 |
In re Norris
neutral
1 sentence1910(In re Norris, 60 Kan. 649 ; In re Smith, 73 Kan. 743 .) “If the accused has been, shown to be guilty of such misconduct that the public should be protected from the implied recommendation for integrity with which he is armed as a member of the bar, that recommendation should be withdrawn and he should be disbarred.” (In re Elliott, 73 Kan. 151, 159 .) The care and patience of the commissioner called to perform an unpleasant duty, and the kindly manner in which it was performed, merit our grateful approval, but the penalty recommended seems to the court insufficient, and as there was good caus | 1 | 1910–1910 |
In re the Disbarment of Elliott
green
1 sentence1910(In re Norris, 60 Kan. 649 ; In re Smith, 73 Kan. 743 .) “If the accused has been, shown to be guilty of such misconduct that the public should be protected from the implied recommendation for integrity with which he is armed as a member of the bar, that recommendation should be withdrawn and he should be disbarred.” (In re Elliott, 73 Kan. 151, 159 .) The care and patience of the commissioner called to perform an unpleasant duty, and the kindly manner in which it was performed, merit our grateful approval, but the penalty recommended seems to the court insufficient, and as there was good caus | 1 | 1910–1910 |
In re the Disbarment of Smith
green
1 sentence1910(In re Norris, 60 Kan. 649 ; In re Smith, 73 Kan. 743 .) “If the accused has been, shown to be guilty of such misconduct that the public should be protected from the implied recommendation for integrity with which he is armed as a member of the bar, that recommendation should be withdrawn and he should be disbarred.” (In re Elliott, 73 Kan. 151, 159 .) The care and patience of the commissioner called to perform an unpleasant duty, and the kindly manner in which it was performed, merit our grateful approval, but the penalty recommended seems to the court insufficient, and as there was good caus | 1 | 1910–1910 |
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.