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

13 Kansas opinions name it 2 courts 1979–2026 5 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
State v. Lawrencegreen
kan · 2006 · cited in 3 Kansas opinions naming this issue, 2014–2024
2 sentences

2024See State v. Lawrence, 281 Kan. 1081, 1091 , 135 P.3d 1211 (2006).

2024See State v. Lawrence, 281 Kan. 1081, 1091 , 135 P.3d 1211 (2006).

33
State v. Williamsgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2016–2016
2 sentences

2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 (2014); see State v. Williams, 295 Kan. 506, 516 , 286 P.3d 195 (2012) (whether a given instruction was legally appropriate is subject to unlimited appellate review).

2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 (2014); see State v. Williams, 295 Kan. 506, 516 , 286 P.3d 195 (2012) (whether a given instruction was legally appropriate is subject to unlimited appellate review).

11
State v. Llamasgreen
kan · 2013 · cited in 1 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See State v. Llamas, 298 Kan. 246, 261 , 311 P.3d 399 (2013) (stating presumption that jury follows instructions).

2014See State v. Llamas, 298 Kan. 246, 261 , 311 P.3d 399 (2013) (stating presumption that jury follows instructions).

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 (11)

CaseCitedYears
State v. Kleypas green
kan · 2001
2 sentences

2024K.S.A. 2022 Supp. 21-6617's predecessor "does not require the jury to unanimously conclude that a death sentence is unwarranted in order to sentence the defendant to a punishment other than death; rather, the jury must only fail to unanimously conclude beyond a reasonable doubt that a death sentence is warranted." 272 Kan. at 1062 . 65 Flack correctly notes the jury is not under a duty to reach a unanimous verdict, but he fails to establish the given instruction might lead jurors to believe such a duty existed.

2024K.S.A. 2022 Supp. 21-6617's predecessor "does not require the jury to unanimously conclude that a death sentence is unwarranted in order to sentence the defendant to a punishment other than death; rather, the jury must only fail to unanimously conclude beyond a reasonable doubt that a death sentence is warranted." 272 Kan. at 1062 . 65 Flack correctly notes the jury is not under a duty to reach a unanimous verdict, but he fails to establish the given instruction might lead jurors to believe such a duty existed.

22024–2024
State v. McClelland green
kan · 2015
2 sentences

2026The given instruction did not add any "alternate statutory element," and it was "more precise," "not broader than the charged crime." State v. McClelland, 301 Kan. 815, 829-30 , 347 P.3d 211 (2015).

2026The given instruction did not add any "alternate statutory element," and it was "more precise," "not broader than the charged crime." State v. McClelland, 301 Kan. 815, 829-30 , 347 P.3d 211 (2015).

12026–2026
State v. Verser green
kan · 2014
2 sentences

2018For support in refuting invited error, he cites to Verser , 299 Kan. at 784 , 326 P.3d 1046 , and State v. Hargrove , 48 Kan.

2018For support in refuting invited error, he cites to Verser , 299 Kan. at 784 , 326 P.3d 1046 , and State v. Hargrove , 48 Kan.

12018–2018
State v. Hargrove green
kanctapp · 2013
1 sentence

2018For support in refuting invited error, he cites to Verser , 299 Kan. at 784 , 326 P.3d 1046 , and State v. Hargrove , 48 Kan.

12018–2018
State v. Clay green
kan · 2014
2 sentences

2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 (2014); see State v. Williams, 295 Kan. 506, 516 , 286 P.3d 195 (2012) (whether a given instruction was legally appropriate is subject to unlimited appellate review).

2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 (2014); see State v. Williams, 295 Kan. 506, 516 , 286 P.3d 195 (2012) (whether a given instruction was legally appropriate is subject to unlimited appellate review).

12016–2016
State v. Cooperwood green
kan · 2006
2 sentences

2007K.S.A. 2006 Supp. 22-3414(3); State v. Cooperwood, 282 Kan. 572, 581 , 147 P.3d 125 (2006).

2007K.S.A. 2006 Supp. 22-3414(3); State v. Cooperwood, 282 Kan. 572, 581 , 147 P.3d 125 (2006).

12007–2007
State v. Simon green
kan · 1982
2 sentences

1985A reasonable belief implies both a belief and the existence of facts that would persuade a reasonable man to that belief.” State v. Simon, 231 Kan. 572, 575 , 646 P.2d 1119 (1982); PIK Crim.2d 54.17. “[I]n order to rely on self-defense as a defense, a person must have a belief that the force used was necessary to defend himself and, also, show the existence of some facts that would support such belief.” State v. Childers, 222 Kan. 32, 48 , 563 P.2d 999 (1977).

1985A reasonable belief implies both a belief and the existence of facts that would persuade a reasonable man to that belief.” State v. Simon, 231 Kan. 572, 575 , 646 P.2d 1119 (1982); PIK Crim.2d 54.17. “[I]n order to rely on self-defense as a defense, a person must have a belief that the force used was necessary to defend himself and, also, show the existence of some facts that would support such belief.” State v. Childers, 222 Kan. 32, 48 , 563 P.2d 999 (1977).

11985–1985
State v. Childers green
kan · 1977
2 sentences

1985A reasonable belief implies both a belief and the existence of facts that would persuade a reasonable man to that belief.” State v. Simon, 231 Kan. 572, 575 , 646 P.2d 1119 (1982); PIK Crim.2d 54.17. “[I]n order to rely on self-defense as a defense, a person must have a belief that the force used was necessary to defend himself and, also, show the existence of some facts that would support such belief.” State v. Childers, 222 Kan. 32, 48 , 563 P.2d 999 (1977).

1985A reasonable belief implies both a belief and the existence of facts that would persuade a reasonable man to that belief.” State v. Simon, 231 Kan. 572, 575 , 646 P.2d 1119 (1982); PIK Crim.2d 54.17. “[I]n order to rely on self-defense as a defense, a person must have a belief that the force used was necessary to defend himself and, also, show the existence of some facts that would support such belief.” State v. Childers, 222 Kan. 32, 48 , 563 P.2d 999 (1977).

11985–1985
Tark v. Shearson/American Express, Inc. neutral
illappct · 1984
1 sentence

1985In our opinion, the careful trial judge had no alternative but to adopt the instruction tendered by plaintiff.” Tark, 123 Ill.

11985–1985
State v. Schur green
kan · 1975
2 sentences

1979Mincey v. Arizona, 437 U.S. 385 , 57 L.Ed.2d 290, 298-299 , 98 S.Ct. 2408 (1978); State v. Schur, 217 Kan. 741, 743 , 538 P.2d 689 (1975).

1979Mincey v. Arizona, 437 U.S. 385 , 57 L.Ed.2d 290, 298-299 , 98 S.Ct. 2408 (1978); State v. Schur, 217 Kan. 741, 743 , 538 P.2d 689 (1975).

11979–1979
Mincey v. Arizona green
scotus · 1978
2 sentences

1979Mincey v. Arizona, 437 U.S. 385 , 57 L.Ed.2d 290, 298-299 , 98 S.Ct. 2408 (1978); State v. Schur, 217 Kan. 741, 743 , 538 P.2d 689 (1975).

1979Mincey v. Arizona, 437 U.S. 385 , 57 L.Ed.2d 290, 298-299 , 98 S.Ct. 2408 (1978); State v. Schur, 217 Kan. 741, 743 , 538 P.2d 689 (1975).

11979–1979

Statutes the citing opinions construe

KS § K.S.A. § 22-3420 (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 232 (1948–2025) CA 156 (1909–2026) IL 83 (1890–2024) MI 83 (1970–2026) NM 50 (1914–2026) MO 40 (1907–2024) WV 36 (1981–2026) OR 31 (1921–2024) KY 30 (1912–2025) AZ 30 (1981–2024) FL 28 (1907–2019) MS 26 (1895–2020) WA 24 (1959–2025) GA 23 (1917–2023) WI 23 (1982–2025) IN 23 (1969–2024) PA 22 (1910–2026) NV 18 (1962–2022) MA 18 (1941–2026) OH 15 (1991–2017) NJ 14 (1906–2026) MD 13 (1979–2021) CO 13 (1965–2026) KS 13 (1979–2026) NY 13 (1898–2021) ID 13 (1904–2022) MT 13 (1930–2025) UT 12 (1956–2026) CT 12 (1991–2022) AK 11 (1972–2019) NC 11 (1919–2026) SD 11 (1911–2016) OK 11 (1908–2006) ME 10 (1942–2023) WY 9 (1975–2019) RI 8 (1996–2012) NE 7 (1909–2023) AR 6 (1936–2021) VA 6 (1986–2025) IA 5 (1930–2016) DC 5 (1988–2021) TN 5 (2006–2015) SC 4 (1929–2010) DE 4 (1984–2024) AL 4 (1907–1984) ND 3 (1910–2008) MN 3 (1993–2026) NH 3 (2011–2015) VI 2 (2015–2023)

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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