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

16 Kansas opinions name it 2 courts 1904–2024 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 (5)

CaseFollowedCited
Patterson v. Cowley County, Kansasgreen
kan · 2018 · cited in 2 Kansas opinions naming this issue, 2024–2024
2 sentences

2024Because Turner failed to identify any provision of the MUTCD requiring the City to act under these circumstances, the lack of such a requirement "is the hallmark of a discretionary function when the negligence alleged is not erecting a particular traffic- control device." Patterson, 307 Kan. at 632, 635 .

2024Because Grey failed to identify any provision of the MUTCD requiring the City to act under these circumstances, the lack of such a requirement "is the hallmark of a discretionary function when the negligence alleged is not erecting a particular traffic- control device." Patterson, 307 Kan. at 632, 635 .

22
Mickens v. Taylorgreen
scotus · 2002 · cited in 2 Kansas opinions naming this issue, 2014–2024
2 sentences

2024See Mickens v. Taylor, 535 U.S. 162, 173-74 , 122 S. Ct. 1237 , 152 L.

2024See Mickens v. Taylor, 535 U.S. 162, 173-74 , 122 S. Ct. 1237 , 152 L.

22
State v. Toshred
kan · 2004 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011In other words, it was prosecutorial misconduct. 278 Kan. at 89, 93 , 91 P.3d 1204 .

2011In other words, it was prosecutorial misconduct. 278 Kan. at 89, 93 , 91 P.3d 1204 .

11
State v. Kitchengreen
wash · 2004 · cited in 1 Kansas opinions naming this issue, 2007–2007
2 sentences

2007See State v. Kitchen, 110 Wash.2d 403, 411 , 756 P.2d 105 (1988) ("When the State fails to make a proper election and the trial court fails to instruct the jury on unanimity, there is . . . error.

2007See State v. Kitchen, 110 Wash.2d 403, 411 , 756 P.2d 105 (1988) ("When the State fails to make a proper election and the trial court fails to instruct the jury on unanimity, there is . . . error.

11
Nancy L. Bly, Administratrix of Wayne A. Bly, Deceased v. Otis Elevator Company, a New Jersey Corporationgreen
ca4 · 1983 · cited in 1 Kansas opinions naming this issue, 1993–1993
1 sentence

1993Bly v. Otis Elevator Co., 713 F.2d 1040, 1045-46 (4th Cir. 1983) (alleged defects in lift truck).

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 (13)

CaseCitedYears
State v. Prado green
kan · 2014
2 sentences

2024"A conflict of interest (or the lack of one) exists independent of the district court's inquiry, and the lack of an inquiry does not, in itself, work a Sixth Amendment violation." State v. Prado, 299 Kan. 1251, 1264 , 329 P.3d 473 (2014) (Biles, J., dissenting).

2024"A conflict of interest (or the lack of one) exists independent of the district court's inquiry, and the lack of an inquiry does not, in itself, work a Sixth Amendment violation." State v. Prado, 299 Kan. 1251, 1264 , 329 P.3d 473 (2014) (Biles, J., dissenting).

12024–2024
State v. Jones green
kan · 2012
2 sentences

2021State v. Jones, 295 Kan. 804, 812-13 , 286 P.3d 562 (2012).

2021State v. Jones, 295 Kan. 804, 812-13 , 286 P.3d 562 (2012).

12021–2021
State v. Wilkinson green
kan · 2000
1 sentence

2019Assuming no constitutionally deficient procedure in arriving at the conviction and in certifying it as a sexually violent offense under the terms of the Act (neither of which is asserted), there is no risk that the lack of a hearing would lead to an erroneous application of the Act's mandatory requirements. [Citation omitted.]" 269 Kan. at 614 .

12019–2019
Commonwealth v. Haywood green
mass · 1979
2 sentences

2007Haislip opined that it would have been a better practice for the court to have conducted a hearing, but that the defendant had failed to show he was prejudiced by the lack of a hearing. 237 Kan. at 469 (citing Commonwealth v. Haywood, 377 Mass. 755 , 388 N.E.2d 648 [1979]).

2007Haislip opined that it would have been a better practice for the court to have conducted a hearing, but that the defendant had failed to show he was prejudiced by the lack of a hearing. 237 Kan. at 469 (citing Commonwealth v. Haywood, 377 Mass. 755 , 388 N.E.2d 648 [1979]).

12007–2007
State v. Henry green
kan · 1997
2 sentences

2002“Instructions are clearly erroneous only if the reviewing court is firmly convinced that there is a real possibility the jury would have rendered a different verdict if the trial error had not occurred.” State v. Henry, 263 Kan. 118, 131 , 947 P.2d 1020 (1997).

2002“Instructions are clearly erroneous only if the reviewing court is firmly convinced that there is a real possibility the jury would have rendered a different verdict if the trial error had not occurred.” State v. Henry, 263 Kan. 118, 131 , 947 P.2d 1020 (1997).

12002–2002
Woodson v. North Carolina green
scotus · 1976
2 sentences

2001Two cases relied on by Kleypas, Woodson v. North Carolina, 428 U.S. 280 , 49 L.

2001Two cases relied on by Kleypas, Woodson v. North Carolina, 428 U.S. 280 , 49 L.

12001–2001
Schroder v. Kansas State Highway Commission green
kan · 1967
2 sentences

1978(Schroder v. Kansas State Highway Commission, 199 Kan. 175, 181 , 428 P.2d 814 ; Cronin v. State Highway Commission, 182 Kan. 42, 45 , 318 P.2d 1066 , and cases cited therein.) The condition described herein, i.e., the rise in the road which obstructed the driver’s view of the intersection and the lack of a warning sign, was clearly established by the evidence and the jury so found.

1978(Schroder v. Kansas State Highway Commission, 199 Kan. 175, 181 , 428 P.2d 814 ; Cronin v. State Highway Commission, 182 Kan. 42, 45 , 318 P.2d 1066 , and cases cited therein.) The condition described herein, i.e., the rise in the road which obstructed the driver’s view of the intersection and the lack of a warning sign, was clearly established by the evidence and the jury so found.

11978–1978
State v. Kleber green
kanctapp · 1978
2 sentences

1978State v. Kleber, 2 Kan.

1978State v. Kleber, 2 Kan.

11978–1978
Cronin v. State Highway Commission neutral
kan · 1957
2 sentences

1978(Schroder v. Kansas State Highway Commission, 199 Kan. 175, 181 , 428 P.2d 814 ; Cronin v. State Highway Commission, 182 Kan. 42, 45 , 318 P.2d 1066 , and cases cited therein.) The condition described herein, i.e., the rise in the road which obstructed the driver’s view of the intersection and the lack of a warning sign, was clearly established by the evidence and the jury so found.

1978(Schroder v. Kansas State Highway Commission, 199 Kan. 175, 181 , 428 P.2d 814 ; Cronin v. State Highway Commission, 182 Kan. 42, 45 , 318 P.2d 1066 , and cases cited therein.) The condition described herein, i.e., the rise in the road which obstructed the driver’s view of the intersection and the lack of a warning sign, was clearly established by the evidence and the jury so found.

11978–1978
Olson v. Lindsborg Mercantile Co. neutral
kan · 1914
2 sentences

1928But on the other hand his youth or inexperience will not excuse him if he does, or ought to, know and. appreciate the danger to which he is exposed; and the lack of instruction or specific warning in regard to the dangers of the employment will not in these circumstances relieve the servant of the assumption of risk.” In Olson v. Mercantile Co., 91 Kan. 563 , 138 Pac. 598 , this court said: “In an action based on negligence in furnishing to an employee an unsafe team of horses, proof that the plaintiff, a boy of fifteen, was somewhat afraid of them, and after one runaway had complained to his

1928But on the other hand his youth or inexperience will not excuse him if he does, or ought to, know and. appreciate the danger to which he is exposed; and the lack of instruction or specific warning in regard to the dangers of the employment will not in these circumstances relieve the servant of the assumption of risk.” In Olson v. Mercantile Co., 91 Kan. 563 , 138 Pac. 598 , this court said: “In an action based on negligence in furnishing to an employee an unsafe team of horses, proof that the plaintiff, a boy of fifteen, was somewhat afraid of them, and after one runaway had complained to his

11928–1928
Rank v. Kansas City Packing Box Co. neutral
kan · 1914
2 sentences

1928But on the other hand his youth or inexperience will not excuse him if he does, or ought to, know and. appreciate the danger to which he is exposed; and the lack of instruction or specific warning in regard to the dangers of the employment will not in these circumstances relieve the servant of the assumption of risk.” In Olson v. Mercantile Co., 91 Kan. 563 , 138 Pac. 598 , this court said: “In an action based on negligence in furnishing to an employee an unsafe team of horses, proof that the plaintiff, a boy of fifteen, was somewhat afraid of them, and after one runaway had complained to his

1928But on the other hand his youth or inexperience will not excuse him if he does, or ought to, know and. appreciate the danger to which he is exposed; and the lack of instruction or specific warning in regard to the dangers of the employment will not in these circumstances relieve the servant of the assumption of risk.” In Olson v. Mercantile Co., 91 Kan. 563 , 138 Pac. 598 , this court said: “In an action based on negligence in furnishing to an employee an unsafe team of horses, proof that the plaintiff, a boy of fifteen, was somewhat afraid of them, and after one runaway had complained to his

11928–1928
Valerius v. Richard green
minn · 1894
2 sentences

1904(Darrance v. Preston, 18 Iowa, 396 ; Valerius v. Richard, 57 Minn. 443 , 59 N. W. 534 ; Hayne, New Trial & App. §§ 7, 127.) To overcome this omission plaintiff calls attention to a recital in the case-made that it contains all the pleadings and proceedings, “together with all the instructions given by the court and the objections made by either party, together with all rulings of the court and all papers filed in said case necessary to present the question raised and enable the supreme court to pass upon one question raised in the record, to wit: The giving by the court of the instruction comp

1904(Darrance v. Preston, 18 Iowa, 396 ; Valerius v. Richard, 57 Minn. 443 , 59 N. W. 534 ; Hayne, New Trial & App. §§ 7, 127.) To overcome this omission plaintiff calls attention to a recital in the case-made that it contains all the pleadings and proceedings, “together with all the instructions given by the court and the objections made by either party, together with all rulings of the court and all papers filed in said case necessary to present the question raised and enable the supreme court to pass upon one question raised in the record, to wit: The giving by the court of the instruction comp

11904–1904
Darrance v. Preston green
iowa · 1865
1 sentence

1904(Darrance v. Preston, 18 Iowa, 396 ; Valerius v. Richard, 57 Minn. 443 , 59 N. W. 534 ; Hayne, New Trial & App. §§ 7, 127.) To overcome this omission plaintiff calls attention to a recital in the case-made that it contains all the pleadings and proceedings, “together with all the instructions given by the court and the objections made by either party, together with all rulings of the court and all papers filed in said case necessary to present the question raised and enable the supreme court to pass upon one question raised in the record, to wit: The giving by the court of the instruction comp

11904–1904

Statutes the citing opinions construe

KS § K.S.A. § 60-460 (5) KS § K.S.A. § 21-3502 (3) KS § K.S.A. § 22-3601 (3) KS § K.S.A. § 60-261 (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 241 (1968–2026) CA 230 (1943–2026) OH 112 (1981–2025) PA 86 (1927–2026) WA 74 (1974–2025) IL 72 (1908–2026) NY 53 (1898–2023) FL 49 (1973–2026) NJ 44 (1941–2026) GA 43 (1964–2024) MS 41 (1965–2024) IN 40 (1975–2026) MO 40 (1942–2024) MI 37 (1914–2025) MA 34 (1947–2023) LA 25 (1967–2020) CT 25 (1943–2024) OK 24 (1932–2020) MN 24 (1975–2024) IA 21 (1975–2025) OR 21 (1988–2024) MD 20 (1951–2025) VT 18 (1977–2025) NC 18 (1973–2022) CO 18 (1991–2026) AZ 16 (1970–2024) KS 16 (1904–2024) NM 16 (1929–2024) WI 15 (1963–2025) AL 15 (1968–2025) UT 15 (1988–2026) TN 14 (1984–2021) WV 14 (1959–2026) DC 14 (1976–2023) ND 12 (1955–2021) KY 11 (1940–2026) HI 9 (1962–2023) WY 8 (1986–2019) RI 8 (1980–2010) NE 7 (1981–2026) NH 7 (1970–2023) MT 7 (1899–2025) VA 6 (1950–2010) NV 6 (1939–2021) ME 6 (1985–2025) SD 5 (2007–2020) SC 5 (1984–2002) AK 5 (1980–2015) ID 4 (1987–2023) AR 3 (1987–2018) DE 3 (1962–2025) GU 2 (2021–2022)

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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