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

102 Kansas opinions name it 2 courts 1974–2025 10 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 (24)

CaseFollowedCited
State v. Herbelgreen
kan · 2013 · cited in 8 Kansas opinions naming this issue, 2013–2016
2 sentences

2016We upheld the “any/any” reasonable doubt instruction in State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While the older PIK instruction used in Herbels trial was not the preferred instruction, it was legally appropriate.”).

2016We upheld the “any/any” reasonable doubt instruction in State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While the older PIK instruction used in Herbels trial was not the preferred instruction, it was legally appropriate.”).

48
State v. Huddlestongreen
kan · 2014 · cited in 4 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

44
State v. Jamisongreen
kan · 2000 · cited in 4 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

34
State v. Pabstgreen
kan · 2002 · cited in 3 Kansas opinions naming this issue, 2004–2008
2 sentences

2004We again pointed out that the juiy had received the proper PIK instruction on premeditation, the jury had been told that arguments of counsel were not evidence, and there was evidence of premeditation. 273 Kan. at 663 .

2004We again pointed out that the juiy had received the proper PIK instruction on premeditation, the jury had been told that arguments of counsel were not evidence, and there was evidence of premeditation. 273 Kan. at 663 .

23
State v. Smysergreen
kan · 2013 · cited in 2 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

22
State v. Waggonergreen
kan · 2013 · cited in 2 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

22
Beckwith v. Communications Workers of Americagreen
scotus · 2002 · cited in 2 Kansas opinions naming this issue, 2006–2008
2 sentences

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

22
Watson v. Luckettgreen
scotus · 2002 · cited in 2 Kansas opinions naming this issue, 2006–2008
2 sentences

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

22
Smith v. Varnergreen
scotus · 2002 · cited in 2 Kansas opinions naming this issue, 2006–2008
2 sentences

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

2008See, e.g., State v. Pabst, 273 Kan. 658, 661 , 44 P.3d 1230 , cert. denied 537 U.S. 959 , 123 S.Ct. 384 , 154 L.Ed.2d 311 (2002) (No error for prosecutor to say premeditation "means to have thought the matter over beforehand.

22
State v. Hebertgreen
kan · 2004 · cited in 7 Kansas opinions naming this issue, 2004–2014
2 sentences

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (noting jury had been given proper PIK instruction and was presumed to have followed it over prosecutor’s statements); State v. Jamison, 269 Kan. 564, 572-73 , 7 P.3d 1204 (2000) (prosecutor’s misstatement on the law on premeditation was not reversible error when the jury was properly instructed on the law).

17
State v. Clarkgreen
kan · 1997 · cited in 3 Kansas opinions naming this issue, 2005–2014
2 sentences

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

13
State v. Statengreen
kan · 2016 · cited in 2 Kansas opinions naming this issue, 2020–2024
2 sentences

2024The court explained: "In light of the generally correct nature of the instructions as a whole as well as the nature of the evidence supporting Staten's claim of self-defense, we find no basis in the instructions to reverse Staten's conviction." 304 Kan. at 967 .

2020The Staten court ultimately held that the failure to give the affirmative defense PIK instruction amounted to error, but that it was not clear error based on "the instructions as a whole as well as the nature of the evidence supporting Staten's claim of self-defense." Staten, 304 Kan. at 967 .

12
State v. Scottgreen
kan · 2001 · cited in 2 Kansas opinions naming this issue, 2008–2016
2 sentences

2016After comparing the statements in Gunby to the facts in two other cases in which we had affirmed jury findings of premeditation in strangulation cases, the court held that it regarded “the prosecutors statements in this case as barely outside the broad latitude permitted him in discussing the evidence in this case” and said that “whatever error they may have injected into the trial was harmless.” 282 Kan. at 65 ; see also State v. Scott, 271 Kan. 103, 108 , 21 P.3d 516 (2001) (continued application of pressure over a period of time sufficient for a jury to find victim’s death premeditated); St

2016After comparing the statements in Gunby to the facts in two other cases in which we had affirmed jury findings of premeditation in strangulation cases, the court held that it regarded “the prosecutors statements in this case as barely outside the broad latitude permitted him in discussing the evidence in this case” and said that “whatever error they may have injected into the trial was harmless.” 282 Kan. at 65 ; see also State v. Scott, 271 Kan. 103, 108 , 21 P.3d 516 (2001) (continued application of pressure over a period of time sufficient for a jury to find victim’s death premeditated); St

12
State v. Saltsgreen
kan · 2009 · cited in 2 Kansas opinions naming this issue, 2015–2016
2 sentences

2016In State v. Salts, 288 Kan. 263, 266 , 200 P.3d 464 (2009), the Kansas Supreme Court found that it was erroneous to instruct tire jury after both sides had rested that “ ‘[ajnother trial would be a burden on both sides.’” Although this language was, at-the time, part of the applicable PIK instruction, the court found that the sentence was misleading and inaccurate because a second trial may be burdensome to some but not all parties to a criminal case.

2016In State v. Salts, 288 Kan. 263, 266 , 200 P.3d 464 (2009), the Kansas Supreme Court found that it was erroneous to instruct tire jury after both sides had rested that “ ‘[ajnother trial would be a burden on both sides.’” Although this language was, at-the time, part of the applicable PIK instruction, the court found that the sentence was misleading and inaccurate because a second trial may be burdensome to some but not all parties to a criminal case.

12
State v. Wilkersongreen
kan · 2004 · cited in 2 Kansas opinions naming this issue, 2007–2007
2 sentences

2007See State v. Wilkerson, 278 Kan. 147, 158 , 91 P.3d 1181 (2004).

2007See State v. Wilkerson, 278 Kan. 147, 158 , 91 P.3d 1181 (2004).

12
State v. Whitakergreen
kan · 1996 · cited in 1 Kansas opinions naming this issue, 2020–2020
11
State v. Staffordgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2015–2015
11
State v. Hogegreen
kan · 2003 · cited in 1 Kansas opinions naming this issue, 2014–2014
11
State v. Dealgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2014–2014
11
State v. Williamsgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2014–2014
11
In the Matter of Bruntongreen
kan · 2009 · cited in 1 Kansas opinions naming this issue, 2013–2013
11
State v. Applebygreen
kan · 2009 · cited in 1 Kansas opinions naming this issue, 2013–2013
11
State v. WOMELSDORFgreen
kanctapp · 2012 · cited in 1 Kansas opinions naming this issue, 2013–2013
11
State v. Gallegosgreen
kan · 2008 · cited in 1 Kansas opinions naming this issue, 2010–2010
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 (56)

CaseCitedYears
State v. Bernhardt green
kan · 2016
2 sentences

2017The judge gave the standard PIK instruction that each crime is a separate and distinct offense, that the jury must consider each individually, and that its "agreement on a verdict must be unanimous." See State v. Bernhardt, 304 Kan. 460, 470 , 372 P.3d 1161 (2016) (use of PIK instructions not mandatory; but, unless facts of case require modification, PIK recommendations should be followed).

2017The judge gave the standard PIK instruction that each crime is a separate and distinct offense, that the jury must consider each individually, and that its "agreement on a verdict must be unanimous." See State v. Bernhardt, 304 Kan. 460, 470 , 372 P.3d 1161 (2016) (use of PIK instructions not mandatory; but, unless facts of case require modification, PIK recommendations should be followed).

42017–2025
State v. Hunter green
kan · 1987
2 sentences

2008Holt acknowledges that per the official Comment to PIK Crim 3d 54.05, the trial court may properly refuse to add the “mere presence or association” language because the pattern instruction “clearly informs the jury that intentional acts by a defendant are necessary to sustain a conviction for aiding and abetting.” State v. Pink, 270 Kan. at 738-39 ; State v. Jackson, 270 Kan. 755, 760-61 , 19 P.3d 121 (2001); State v. Ninci, 262 Kan. 21, 46 , 936 P.2d 1364 (1997); State v. Scott, 250 Kan. 350, 361 , 827 P.2d 733 (1992); State v. Hunter, 241 Kan. 629, 639 , 740 P.2d 559 (1987).

2008Holt acknowledges that per the official Comment to PIK Crim 3d 54.05, the trial court may properly refuse to add the “mere presence or association” language because the pattern instruction “clearly informs the jury that intentional acts by a defendant are necessary to sustain a conviction for aiding and abetting.” State v. Pink, 270 Kan. at 738-39 ; State v. Jackson, 270 Kan. 755, 760-61 , 19 P.3d 121 (2001); State v. Ninci, 262 Kan. 21, 46 , 936 P.2d 1364 (1997); State v. Scott, 250 Kan. 350, 361 , 827 P.2d 733 (1992); State v. Hunter, 241 Kan. 629, 639 , 740 P.2d 559 (1987).

42006–2008
State v. Pierce green
kan · 1996
2 sentences

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

2014See PIK Crim. 3d 52.02 (1995 Supp); see also State v. Smyser, 297 Kan. 199, 206 , 299 P.3d 309 (2013) (“We hold the reasonable doubt jury instruction was legally appropriate and not error.”); State v. Waggoner, 297 Kan. 94, 99 , 298 P.3d 333 (2013) (“[W]e conclude the reasonable doubt instruction in this case was not erroneous.”); State v. Herbel, 296 Kan. 1101, 1124 , 299 P.3d 292 (2013) (“While tire older PIK instruction . . . was not the preferred instruction, it was legally appropriate.”); State v. Clark, 261 Kan. 460, 475 , 931 P.2d 664 (1997) (“[W]e hold that the provisions of PIK Crim.

32005–2014
State v. Doyle green
kan · 2002
2 sentences

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (prosecutor’s improper comment regarding premeditation was not reversible error when there was no evidence that prosecutor deliberately misstated the law, jury was given proper PIK instruction on premeditation, and jury was told that arguments of counsel were not evidence); State v. Doyle, 272 Kan. 1157, 1165-66 ,

2014See State v. Huddleston, 298 Kan. 941, 956 , 318 P.3d 140 (2014) (“Although these instructions do not give the prosecutor a free pass on misconduct, they are appropriate considerations when evaluating whether a jury was misled.”); State v. Hebert, 277 Kan. 61, 85 , 82 P.3d 470 (2004) (prosecutor’s improper comment regarding premeditation was not reversible error when there was no evidence that prosecutor deliberately misstated the law, jury was given proper PIK instruction on premeditation, and jury was told that arguments of counsel were not evidence); State v. Doyle, 272 Kan. 1157, 1165-66 ,

32014–2014
State v. Wilson red
kan · 1987
2 sentences

2002This court stated that “[t]he instruction as given thus lacked the clarity of the original PIK instruction and did not warn the jury that when this defense is raised, the State’s burden of proof does not shift to the defendant.” 240 Kan. at 609 .

2002This court stated that “[t]he instruction as given thus lacked the clarity of the original PIK instruction and did not warn the jury that when this defense is raised, the State’s burden of proof does not shift to the defendant.” 240 Kan. at 609 .

31988–2002
State v. Stanley green
kan · 2020
2 sentences

2025When the parties and court discussed instructions, the district court noted that the State was requesting the added language from State v. Stanley, 312 Kan. 557 , 561-63, 478 P.3d 324 (2020), and Bernhardt, 304 Kan. at 464-65 .

2025When the parties and court discussed instructions, the district court noted that the State was requesting the added language from State v. Stanley, 312 Kan. 557 , 561-63, 478 P.3d 324 (2020), and Bernhardt, 304 Kan. at 464-65 .

22022–2025
Sola-Morales v. State green
kan · 2014
2 sentences

2024And notably, the Shawn Collins court relied on the rule from Sola-Morales to find any error in instructing on a lesser offense, when a defendant is convicted of a higher offense, "is likely to be harmless." 2018 WL 5305661 , at *10; Sola-Morales, 300 Kan. at 885-86 .

2024And notably, the Shawn Collins court relied on the rule from Sola-Morales to find any error in instructing on a lesser offense, when a defendant is convicted of a higher offense, "is likely to be harmless." 2018 WL 5305661 , at *10; Sola-Morales, 300 Kan. at 885-86 .

22024–2024
State v. Sperry green
kan · 1999
2 sentences

2016Then, in State v. Sperry, 267 Kan. 287 , 978 P.2d 933 (1999), this court was again confronted with a self-defense instruction given without the clarifying 52.08 PIK instruction.

2016Then, in State v. Sperry, 267 Kan. 287 , 978 P.2d 933 (1999), this court was again confronted with a self-defense instruction given without the clarifying 52.08 PIK instruction.

22016–2020
State v. Dunn green
· 1991
2 sentences

2000However, absent such need, PIK *356 instructions and recommendations should be followed.’ ” (Quoting State v. Dunn, 249 Kan. 488, 492-93 , 820 P.2d 412 [1991].) Mitchell argues that because the PIK instruction was amended following State v. Pennington, 254 Kan. 757 , 869 P.2d 624 (1994), to read “must not” instead of “should not,” the use of the instruction “violated what is now a well-established principle of the jury instruction.” Failure to use the exact language found in the PIK instruction is not fatal and does not automatically require reversal.

2000However, absent such need, PIK *356 instructions and recommendations should be followed.’ ” (Quoting State v. Dunn, 249 Kan. 488, 492-93 , 820 P.2d 412 [1991].) Mitchell argues that because the PIK instruction was amended following State v. Pennington, 254 Kan. 757 , 869 P.2d 624 (1994), to read “must not” instead of “should not,” the use of the instruction “violated what is now a well-established principle of the jury instruction.” Failure to use the exact language found in the PIK instruction is not fatal and does not automatically require reversal.

22000–2020
State v. Hilt green
kan · 2014
2 sentences

2017But inclusion of the additional language is the better practice; and, in future cases, when the additional language is requested, the judge should modify the PIK instruction." 299 Kan. 176 , Syl. ¶ 1.

2017But inclusion of the additional language is the better practice; and, in future cases, when the additional language is requested, the judge should modify the PIK instruction." 299 Kan. 176 , Syl. ¶ 1.

22017–2018
State v. Gleason green
kan · 2014
2 sentences

2017Gleason, 299 Kan. at 1191-94 .

2016Gleason, 299 Kan. at 1191-94 .

22016–2017
State v. Gunby green
kan · 2006
2 sentences

2016We noted that “these remarks defined premeditation somewhere between the level of forethought outlined in the PIK instruction we have endorsed... and the ‘instantaneous’ timing we have disapproved.” 282 Kan. at 64 .

2016We noted that “these remarks defined premeditation somewhere between the level of forethought outlined in the PIK instruction we have endorsed... and the ‘instantaneous’ timing we have disapproved.” 282 Kan. at 64 .

22008–2016
State v. Mitchell green
kan · 2000
2 sentences

2001Use of the PIK instruction language helps to protect the rights of criminal defendants in our courts and significantly reduces the number of criminal appeals and issues raised in appeals of criminal cases.” 269 Kan. at 357 .

2001Use of the PIK instruction language helps to protect the rights of criminal defendants in our courts and significantly reduces the number of criminal appeals and issues raised in appeals of criminal cases.” 269 Kan. at 357 .

22001–2016
State v. Green green
kan · 1985
2 sentences

2014Supplementation of the Aiding and Abetting Instruction Williams was prosecuted as an aider and abettor, and the jury received the following aiding and abetting instruction, which conforms with PIK Crim. 3d 54.05 (responsibility for crimes of another): “A person who, either before or during its commission, intentionally aids another to commit a crime with intent to promote or assist in its commission is criminally responsible for the crime committed regardless of the extent of the defendant’s participation, if any, in the actual commission of die crime.” Williams requested that the instruction

2014Supplementation of the Aiding and Abetting Instruction Williams was prosecuted as an aider and abettor, and the jury received the following aiding and abetting instruction, which conforms with PIK Crim. 3d 54.05 (responsibility for crimes of another): “A person who, either before or during its commission, intentionally aids another to commit a crime with intent to promote or assist in its commission is criminally responsible for the crime committed regardless of the extent of the defendant’s participation, if any, in the actual commission of die crime.” Williams requested that the instruction

22001–2014
State v. Pioletti green
kan · 1990
21996–1997
State v. Whitaker green
kan · 1994
2 sentences

1997State v. Whitaker, 255 Kan. 118, 124 , 872 P.2d 278 (1994); State v. Pioletti, 246 Kan. 49, 58-59 , 785 P.2d 963 (1990).

1997State v. Whitaker, 255 Kan. 118, 124 , 872 P.2d 278 (1994); State v. Pioletti, 246 Kan. 49, 58-59 , 785 P.2d 963 (1990).

21996–1997
State v. Chastain green
kan · 1998
12025–2025
State v. Collins green
kanctapp · 2006
12025–2025
State v. Wimbley green
kan · 2021
12024–2024
State v. Murrin green
kan · 2019
12022–2022
State v. Ward green
kan · 2011
12022–2022
State v. Llamas green
kan · 2013
12021–2021
City of Wichita v. Sealpak Co. green
kan · 2005
12021–2021
State v. Walker green
kan · 2003
12020–2020
State v. Dubish green
kan · 1984
12020–2020
State v. Harris green
kan · 1998
12020–2020
State v. Brice green
kan · 2003
12020–2020
State v. Wesson red
kan · 1990
12020–2020
State v. Holt green
kan · 2014
12020–2020
State v. Hundley green
kan · 1985
12020–2020
State v. McCormick green
kanctapp · 2007
12020–2020
State v. Cooper green
kan · 2016
12020–2020
State v. Crabtree green
kan · 1991
12020–2020
State v. Osbey green
kan · 1985
12020–2020
State v. Cooperwood green
kan · 2006
12020–2020
State v. Remmers green
kan · 2004
12020–2020
State v. Livingston green
kan · 2001
12020–2020
State v. Green green
kan · 2006
12020–2020
State v. Jones green
kan · 2005
12016–2016
Howell v. Calvert green
kan · 2000
12016–2016

Statutes the citing opinions construe

KS § K.S.A. § 60-261 (21) KS § K.S.A. § 21-3401 (19) KS § K.S.A. § 22-3601 (15) KS § K.S.A. § 60-404 (14) KS § K.S.A. § 60-455 (12) KS § K.S.A. § 21-3107 (11) KS § K.S.A. § 21-3439 (11) KS § K.S.A. § 21-4635 (11) KS § K.S.A. § 60-460 (11) KS § K.S.A. § 22-3420 (9) KS § K.S.A. § 22-3504 (9) KS § K.S.A. § 60-401 (9)

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.

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