skip rule in Kansas

17 Kansas opinions name it 2 courts 2004–2024 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.

Followed or applied (7)

Case	Followed	Cited
State v. Horngreen kan · 2004 · cited in 7 Kansas opinions naming this issue, 2009–2019 2 sentences 2019We conclude the State has not met this burden, and, in reaching this decision, we revisit the "skip rule." Originally, we described the skip rule this way: " 'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.' " State v. Horn , 278 Kan. 24 , 43, 91 P.3d 517 (2004) (adopting the rule and coining 499 the term for the first time in Kansas), overruled on other grounds by State v. Neighbors , 299 Kan. 234 , 328 P.3d 1081 (2014). 2019We conclude the State has not met this burden, and, in reaching this decision, we revisit the "skip rule." Originally, we described the skip rule this way: " 'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.' " State v. Horn , 278 Kan. 24 , 43, 91 P.3d 517 (2004) (adopting the rule and coining 499 the term for the first time in Kansas), overruled on other grounds by State v. Neighbors , 299 Kan. 234 , 328 P.3d 1081 (2014).	3	7
State v. Plummergreen kan · 2012 · cited in 3 Kansas opinions naming this issue, 2015–2019 2 sentences 2019Barrett further explained that more recent cases have clarified the skip rule is not a rule but "'a logical deduction that may be drawn from jury verdicts in certain cases.'" 309 Kan. at 1037, 442 P.3d at 499 (quoting State v. Plummer, 295 Kan. 156, 169 , 283 P.3d 202 [2012]). 2019Barrett further explained that more recent cases have clarified the skip rule is not a rule but "'a logical deduction that may be drawn from jury verdicts in certain cases.'" 309 Kan. at 1037, 442 P.3d at 499 (quoting State v. Plummer, 295 Kan. 156, 169 , 283 P.3d 202 [2012]).	1	3
State v. Williamsgreen kan · 2016 · cited in 2 Kansas opinions naming this issue, 2018–2019 2 sentences 2019Moreover, we cautioned courts to make this deduction only where it "reasonably (as opposed to mechanically) applies." Williams , 303 Kan. at 600 , 363 P.3d 1101 ; see State v. Pulliam , 308 Kan. 1354 , 1370, 430 P.3d 39 (2018) (declining to "mechanically apply the skip rule"). 2019Moreover, we cautioned courts to make this deduction only where it "reasonably (as opposed to mechanically) applies." Williams , 303 Kan. at 600 , 363 P.3d 1101 ; see State v. Pulliam , 308 Kan. 1354 , 1370, 430 P.3d 39 (2018) (declining to "mechanically apply the skip rule").	1	2
State v. Lowerygreen kan · 2018 · cited in 1 Kansas opinions naming this issue, 2019–2019 1 sentence 2019See State v. Lowery , 308 Kan. 1183 , 1216, 427 P.3d 865 (2018) (affirming that jury instruction challenges raised for the first time on appeal are reviewed for clear error); State v. Ward , 292 Kan. 541 , 565-66, 256 P.3d 801 (2011) (defining the statutory and constitutional harmlessness tests).	1	1
State v. Engelhardtgreen kan · 2005 · cited in 1 Kansas opinions naming this issue, 2019–2019 2 sentences 2019In her dissent, Judge Arnold-Burger traced the history of the skip rule and correctly noted that we have often discussed the rule along with finding the evidence was insufficient to support the disputed instruction. 2016 WL 4262478 , at 16 (Arnold-Burger, J., dissenting); see, e.g., State v. Engelhardt , 280 Kan. 113 , 135-36, 119 P.3d 1148 (2005). 2019In her dissent, Judge Arnold-Burger traced the history of the skip rule and correctly noted that we have often discussed the rule along with finding the evidence was insufficient to support the disputed instruction. 2016 WL 4262478 , at 16 (Arnold-Burger, J., dissenting); see, e.g., State v. Engelhardt , 280 Kan. 113 , 135-36, 119 P.3d 1148 (2005).	1	1
State v. Pulliamgreen kan · 2018 · cited in 1 Kansas opinions naming this issue, 2019–2019 1 sentence 2019Moreover, we cautioned courts to make this deduction only where it "reasonably (as opposed to mechanically) applies." Williams , 303 Kan. at 600 , 363 P.3d 1101 ; see State v. Pulliam , 308 Kan. 1354 , 1370, 430 P.3d 39 (2018) (declining to "mechanically apply the skip rule").	1	1
State v. Houstongreen kan · 2009 · cited in 1 Kansas opinions naming this issue, 2010–2010 1 sentence 2010See Houston, 289 Kan. at 276 (unnecessary to reach skip rale because judge did not err).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
State v. Nunez green kan · 2021 2 sentences 2024This court does not apply the deduction automatically or mechanically, but considers it to be one factor, among many, when analyzing instructional issues for harmlessness." State v. Nunez, 313 Kan. 541 , 553, 486 P.3d 606 (2021). 2024This court does not apply the deduction automatically or mechanically, but considers it to be one factor, among many, when analyzing instructional issues for harmlessness." State v. Nunez, 313 Kan. 541 , 553, 486 P.3d 606 (2021).	2	2024–2024
State v. Barrett green kan · 2019 2 sentences 2020Reversal for the judge's failure to instruct sua sponte on reckless second-degree murder is not required." 305 Kan. at 164; see also Gentry, 310 Kan. at 730 ("There is no question that if the jury had unanimously found Gentry guilty of first-degree premeditated murder, we would find the instructional error [refusing a requested instruction on unintentional but reckless second-degree murder] harmless under these facts."); State v. Barrett, 309 Kan. 1029 , 1039, 442 P.3d 492 (2019) (the skip rule "is not an automatic harmlessness pass," but "the logical deduction inherent in the skip rule is one 2019In Barrett, we described our original iteration of the skip rule: "'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.'" 309 Kan. at 1037, 442 P.3d at 498 (quoting State v. Horn, 278 Kan. 24, 43 , 91 P.3d 517 [2004]).	2	2019–2020
State v. Hayes green kan · 2014 2 sentences 2016More recently, we have cautioned that “the skip rule is not amenable to mechanical application” and “should be viewed as simply providing a route to finding harmless error in those cases in which the elements of the crime of conviction, as compared to a rejected lesser included offense, necessarily show that the jury would have rejected or eliminated a still lesser included offense.” State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014). 2015See State v. Plummer, 295 Kan. 156 , Syl. ¶ 5, 283 P.3d 202 (2012) ("skip rule should be viewed as simply providing a route to harmlessness"); State v. Simmons, 295 Kan. 171 , Syl. ¶ 5, 283 P.3d 212 (2012) (skip rule "not amenable to mechanical application; rather, it should be viewed as simply providing a route to harmlessness"); State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014) ("We note that the skip rule is not amenable to mechanical application and that it should be viewed as simply providing a route to finding harmless error in those cases in which the elements of the crime of conv	2	2015–2016
State v. Simmons green kan · 2012 2 sentences 2015See State v. Plummer, 295 Kan. 156 , Syl. ¶ 5, 283 P.3d 202 (2012) ("skip rule should be viewed as simply providing a route to harmlessness"); State v. Simmons, 295 Kan. 171 , Syl. ¶ 5, 283 P.3d 212 (2012) (skip rule "not amenable to mechanical application; rather, it should be viewed as simply providing a route to harmlessness"); State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014) ("We note that the skip rule is not amenable to mechanical application and that it should be viewed as simply providing a route to finding harmless error in those cases in which the elements of the crime of conv 2015See State v. Plummer, 295 Kan. 156 , Syl. ¶ 5, 283 P.3d 202 (2012) ("skip rule should be viewed as simply providing a route to harmlessness"); State v. Simmons, 295 Kan. 171 , Syl. ¶ 5, 283 P.3d 212 (2012) (skip rule "not amenable to mechanical application; rather, it should be viewed as simply providing a route to harmlessness"); State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014) ("We note that the skip rule is not amenable to mechanical application and that it should be viewed as simply providing a route to finding harmless error in those cases in which the elements of the crime of conv	2	2014–2015
State v. Plummer neutral kanctapp · 2011 2 sentences 2015It is, rather, simply a logical deduction that may be drawn from jury verdicts in certain cases.’ ” State v. Plummer, 295 Kan. 156, 169 , 283 P.3d 202 (2012) (quoting and affirming State v. Plummer, 45 Kan. 2012As such, the Court of Appeals found that the skip rule could not save the district court’s instructional error in this case. 45 Kan.	2	2012–2015
Easter v. State green ark · 1991 2 sentences 2012We have described the skip rule as follows: “ “When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.’ ” State v. Horn, 278 Kan. 24, 43 , 91 P.3d 517 (2004) (quoting Easter v. State, 306 Ark. 615, 620 , 816 S.W.2d 602 [1991]). 2012We have described the skip rule as follows: “ “When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.’ ” State v. Horn, 278 Kan. 24, 43 , 91 P.3d 517 (2004) (quoting Easter v. State, 306 Ark. 615, 620 , 816 S.W.2d 602 [1991]).	2	2004–2012
State v. Neighbors green kan · 2014 2 sentences 2019We conclude the State has not met this burden, and, in reaching this decision, we revisit the "skip rule." Originally, we described the skip rule this way: " 'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.' " State v. Horn , 278 Kan. 24 , 43, 91 P.3d 517 (2004) (adopting the rule and coining 499 the term for the first time in Kansas), overruled on other grounds by State v. Neighbors , 299 Kan. 234 , 328 P.3d 1081 (2014). 2019We conclude the State has not met this burden, and, in reaching this decision, we revisit the "skip rule." Originally, we described the skip rule this way: " 'When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured.' " State v. Horn , 278 Kan. 24 , 43, 91 P.3d 517 (2004) (adopting the rule and coining 499 the term for the first time in Kansas), overruled on other grounds by State v. Neighbors , 299 Kan. 234 , 328 P.3d 1081 (2014).	1	2019–2019
State v. Ward green kan · 2011 2 sentences 2019See State v. Lowery , 308 Kan. 1183 , 1216, 427 P.3d 865 (2018) (affirming that jury instruction challenges raised for the first time on appeal are reviewed for clear error); State v. Ward , 292 Kan. 541 , 565-66, 256 P.3d 801 (2011) (defining the statutory and constitutional harmlessness tests). 2019See State v. Lowery , 308 Kan. 1183 , 1216, 427 P.3d 865 (2018) (affirming that jury instruction challenges raised for the first time on appeal are reviewed for clear error); State v. Ward , 292 Kan. 541 , 565-66, 256 P.3d 801 (2011) (defining the statutory and constitutional harmlessness tests).	1	2019–2019
State v. Williams green kan · 2012 2 sentences 2015Likewise, the majority cites to State v. Williams, 295 Kan. 506 , Syl. ¶ 5, 286 P.3d 195 (2012), where we set forth the steps to follow in analyzing a failure to instruct issue raised for the first time on appeal. 2015Likewise, the majority cites to State v. Williams, 295 Kan. 506 , Syl. ¶ 5, 286 P.3d 195 (2012), where we set forth the steps to follow in analyzing a failure to instruct issue raised for the first time on appeal.	1	2015–2015
State v. Simmons green kanctapp · 2011 1 sentence 2012Simmons, 45 Kan.	1	2012–2012
Owenby v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania neutral scotus · 2003 1 sentence 2004Since that time, Horn’s identical argument has been expressly rejected by this court in State v. Washington, 275 Kan. 644, 680 , 68 P.3d 134 (2003), and State v. Boldridge, 274 Kan. 795, 812 , 57 P.3d 8 (2002), cert. denied 155 L.	1	2004–2004
Kenney v. New Jersey green scotus · 2001 1 sentence 2004As the Arkansas Supreme Court held: “When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured. [Citations omitted.] This is commonly referred to as ‘the skip rule.’ ” 306 Ark. at 620 . *44 Issue 4: Is Kansas’ hard 50 life sentence, without a jury finding beyond a reasonable doubt that aggravating circumstances occurred, a violation of the Sixth and Fourteenth Amendments to the United States ConstitutionP This issue was not raised belo	1	2004–2004
State v. Conley green kan · 2000 2 sentences 2004As the Arkansas Supreme Court held: “When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured. [Citations omitted.] This is commonly referred to as ‘the skip rule.’ ” 306 Ark. at 620 . 44 Issue 4: Is Kansas’ hard 50 life sentence, without a jury finding beyond a reasonable doubt that aggravating circumstances occurred, a violation of the Sixth and Fourteenth Amendments to the United States ConstitutionP This issue was not raised belo 2004As the Arkansas Supreme Court held: “When a lesser included offense has been the subject of an instruction, and the jury convicts of the greater offense, error resulting from failure to give an instruction on another still lesser included offense is cured. [Citations omitted.] This is commonly referred to as ‘the skip rule.’ ” 306 Ark. at 620 . 44 Issue 4: Is Kansas’ hard 50 life sentence, without a jury finding beyond a reasonable doubt that aggravating circumstances occurred, a violation of the Sixth and Fourteenth Amendments to the United States ConstitutionP This issue was not raised belo	1	2004–2004
State v. Boldridge green kan · 2002 2 sentences 2004Since that time, Horn’s identical argument has been expressly rejected by this court in State v. Washington, 275 Kan. 644, 680 , 68 P.3d 134 (2003), and State v. Boldridge, 274 Kan. 795, 812 , 57 P.3d 8 (2002), cert. denied 155 L. 2004Since that time, Horn’s identical argument has been expressly rejected by this court in State v. Washington, 275 Kan. 644, 680 , 68 P.3d 134 (2003), and State v. Boldridge, 274 Kan. 795, 812 , 57 P.3d 8 (2002), cert. denied 155 L.	1	2004–2004
State v. Washington green kan · 2003 2 sentences 2004Since that time, Horn’s identical argument has been expressly rejected by this court in State v. Washington, 275 Kan. 644, 680 , 68 P.3d 134 (2003), and State v. Boldridge, 274 Kan. 795, 812 , 57 P.3d 8 (2002), cert. denied 155 L. 2004Since that time, Horn’s identical argument has been expressly rejected by this court in State v. Washington, 275 Kan. 644, 680 , 68 P.3d 134 (2003), and State v. Boldridge, 274 Kan. 795, 812 , 57 P.3d 8 (2002), cert. denied 155 L.	1	2004–2004

Statutes the citing opinions construe

KS § K.S.A. § 21-3107 (6) KS § K.S.A. § 21-3403 (6) KS § K.S.A. § 60-401 (6) KS § K.S.A. § 60-261 (4) KS § K.S.A. § 21-3701 (3) KS § K.S.A. § 21-5109 (3) KS § K.S.A. § 21-5403 (3) KS § K.S.A. § 21-5404 (3) KS § K.S.A. § 22-3420 (3) KS § K.S.A. § 22-3601 (3) KS § K.S.A. § 60-2101 (3) KS § K.S.A. § 60-404 (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 17 (2004–2024) AR 15 (1992–2025)

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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