Kansas harmless error (Kansas) · Go Syfert
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Kansas harmless error in Kansas

14 Kansas opinions name it 2 courts 1969–2011 0 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 (3)

CaseFollowedCited
United States v. Robert Douglas Treadwaygreen
ca6 · 2003 · cited in 1 Kansas opinions naming this issue, 2004–2004
2 sentences

2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 .

2004Thus, the court concluded that Treadway had failed to show how the removal of Agee had “affected his substantial rights or the ‘fundamental fairness, honesty, or public reputation’ of his judicial proceeding.” 328 F.3d at 889 .

11
State v. Flournoygreen
kan · 2001 · cited in 1 Kansas opinions naming this issue, 2004–2004
2 sentences

2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 .

2004See State v. Flournoy, 272 Kan. 784, 795 , 36 P.3d 273 (2001) (“ ‘The Kansas harmless error statute encompasses the federal harmless error and plain error rules.’ ” [Citations omitted.]) The court considered it important that Treadway had never objected to the removal of Agee or to the substitution of his replacement attorney and he had not indicated the replacement attorney provided unsatisfactory representation. 328 F.3d at 889 .

11
State v. Holmesgreen
kan · 2001 · cited in 1 Kansas opinions naming this issue, 2001–2001
2 sentences

2001See K.S.A. 60-261 (harmless error); State v. Holmes, 272 Kan. 491, 498 , 33 P.3d 856, 861 (2001) (“The Kansas harmless error statute encompasses the federal harmless error and plain error rules.”) The prosecutor’s remarks here do not rise to the level of violating either Flournoy’s right to a fair.trial or his Fourteenth Amendment right to due process.

2001See K.S.A. 60-261 (harmless error); State v. Holmes, 272 Kan. 491, 498 , 33 P.3d 856, 861 (2001) (“The Kansas harmless error statute encompasses the federal harmless error and plain error rules.”) The prosecutor’s remarks here do not rise to the level of violating either Flournoy’s right to a fair.trial or his Fourteenth Amendment right to due process.

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 (9)

CaseCitedYears
State v. Thompson green
kan · 1976
2 sentences

1978“In applying the Kansas harmless error rule (K.S.A. 60-2105) to a federal constitutional error a court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt.” (State v. Hamilton, 222 Kan. 341 , Syl. 4, 564 P.2d 536 ; State v. Thompson, 221 Kan. 176 , Syl. 5, 558 P.2d 93 .) Two girls positively identified Hayes, and Holt gave testimony at trial that incriminated Hayes.

1978“In applying the Kansas harmless error rule (K.S.A. 60-2105) to a federal constitutional error a court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt.” (State v. Hamilton, 222 Kan. 341 , Syl. 4, 564 P.2d 536 ; State v. Thompson, 221 Kan. 176 , Syl. 5, 558 P.2d 93 .) Two girls positively identified Hayes, and Holt gave testimony at trial that incriminated Hayes.

41977–1982
State v. Hamilton green
kan · 1977
2 sentences

1982In State v. Hamilton, 222 Kan. 341 , Syl. ¶ 4, 564 P.2d 536 (1977), the Supreme Court stated: “In applying the Kansas harmless error rule (K.S.A. 60-2105) to a federal constitutional error a court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt.” The only evidence presented as a result of the court’s erroneous ruling was a statement that over $1,500 was found in the car.

1982In State v. Hamilton, 222 Kan. 341 , Syl. ¶ 4, 564 P.2d 536 (1977), the Supreme Court stated: “In applying the Kansas harmless error rule (K.S.A. 60-2105) to a federal constitutional error a court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt.” The only evidence presented as a result of the court’s erroneous ruling was a statement that over $1,500 was found in the car.

41977–1982
State v. Alexander green
kan · 1986
2 sentences

2011The court simply stated: "In applying the Kansas harmless error rule (K.S.A.60-2105), a reviewing court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt." Alexander, 240 Kan. at 276 , 729 P.2d 1126 .

2011The court simply stated: "In applying the Kansas harmless error rule (K.S.A.60-2105), a reviewing court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt." Alexander, 240 Kan. at 276 , 729 P.2d 1126 .

21988–2011
Chapman v. California red
scotus · 1967
2 sentences

1982State v. Thompson, 221 Kan. 176 , Syl. ¶ 5, 558 P.2d 93 (1976); Chapman v. California, 386 U.S. 18 , 17 L.Ed.2d 705 , 87 S.Ct. 824 (1967).

1982State v. Thompson, 221 Kan. 176 , Syl. ¶ 5, 558 P.2d 93 (1976); Chapman v. California, 386 U.S. 18 , 17 L.Ed.2d 705 , 87 S.Ct. 824 (1967).

21969–1982
State v. Fleury green
kan · 1969
2 sentences

1976In State v. Fleury, 203 Kan. 888 , Syl. ¶ 2, 457 P. 2d 44 , we stated the rule that governs our considerations of federal constitutional error: *653 “In applying the Kansas harmless-error rule (K.

1976In State v. Fleury, 203 Kan. 888 , Syl. ¶ 2, 457 P. 2d 44 , we stated the rule that governs our considerations of federal constitutional error: *653 “In applying the Kansas harmless-error rule (K.

21969–1976
State v. Mustafa Abdulla Abu-Isba green
kan · 1984
2 sentences

1986State v. Abu-Isba, 235 Kan. 851, 859 , 685 P.2d 856 (1984); State v. Johnson, 231 Kan. 151, 159 , 643 P.2d 146 (1982).

1986State v. Abu-Isba, 235 Kan. 851, 859 , 685 P.2d 856 (1984); State v. Johnson, 231 Kan. 151, 159 , 643 P.2d 146 (1982).

11986–1986
State v. Johnson green
kan · 1982
2 sentences

1986State v. Abu-Isba, 235 Kan. 851, 859 , 685 P.2d 856 (1984); State v. Johnson, 231 Kan. 151, 159 , 643 P.2d 146 (1982).

1986State v. Abu-Isba, 235 Kan. 851, 859 , 685 P.2d 856 (1984); State v. Johnson, 231 Kan. 151, 159 , 643 P.2d 146 (1982).

11986–1986
State v. Dill green
kanctapp · 1979
2 sentences

1982In applying the Kansas harmless error rule (K.S.A. 60-2105) to a federal constitutional error the court must be able to declare the error had little, if any, likelihood of having changed the result of the trial and the court must be able to declare such a belief beyond a reasonable doubt. [Citations omitted.] Where the evidence of guilt is of such direct and overwhelming nature that it can be said the misconduct of counsel could not have affected the result of the trial, such misconduct is harmless error.” Again, in State v. Dill, 3 Kan.

1982App. 2d 67 , 589 P.2d 634 (1979), this court held that such a comment by a prosecutor is not prejudicial per se, but the reviewing court must be able to declare a belief that it was harmless error beyond a reasonable doubt.

11982–1982
State v. Hutchinson green
kan · 1977
1 sentence

1977State v. Thompson, 221 Kan. 176 , 558 P.2d 93 ; State v. Hamilton, 222 Kan. 365 , 564 P.2d 536 .

11977–1977

Statutes the citing opinions construe

KS § K.S.A. § 60-2105 (9) KS § K.S.A. § 60-455 (5) KS § K.S.A. § 21-3401 (4) 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.

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