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22 Kansas opinions name it 2 courts 2003–2026 11 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.
| Case | Followed | Cited |
|---|---|---|
– State v. Harris –green2 sentences2024State v. Harris, 310 Kan. 1026 , 1034-35, 453 P.3d 1172 (2019); see also K.S.A. 2022 Supp. 22-3414(3) ("No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless the instruction or the failure to give an instruction is clearly erroneous."). 2021The first step affects the third one because an unpreserved issue will be reviewed for clear error under K.S.A. 2020 Supp. 22-3414(3): "No party may assign as error the . . . failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless . . . the failure to give an instruction is clearly erroneous." To establish clear error, "the party claiming it [must] convince the court the jury would have reached a different verdict without the error." Harris, 310 Kan. at 1034. | 2 | 3 |
State v. Gonzalezgreen2 sentences2022"To declare clear error, a reviewing court must be firmly convinced the jury would have reached a different verdict without the error." Gonzalez, 311 Kan. at 293. 9 Mora argues that the erroneous instruction did affect the verdict because it allowed the jury to find Mora guilty simply by nature of "carrying out either underlying felony." Mora highlights the fact that during deliberations, the jury asked: "Can you please re- explain paragraphs #2 & 3 of instruction #7 with examples? 2021K.S.A. 2020 Supp. 22-3414(3); Gonzalez, 311 Kan. at 291. | 2 | 2 |
State v. Claygreen2 sentences2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 , cert. denied 135 S. Ct. 728 (2014). 2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 , cert. denied 135 S. Ct. 728 (2014). | 1 | 3 |
State v. Sinnardgreen2 sentences2026State v. Sinnard, 318 Kan. 261 , 291, 543 P.3d 525 (2024). 2026State v. Sinnard, 318 Kan. 261 , 291, 543 P.3d 525 (2024). | 1 | 2 |
Clay v. Kansasgreen2 sentences2016State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 , cert. denied 135 S. Ct. 728 (2014). 2016See State v. Clay, 300 Kan. 401, 408 , 329 P.3d 484 , cert. denied 135 S. Ct. 728 (2014). | 1 | 2 |
State v. Holleygreen2 sentences2026See Holley, 313 Kan. at 254. 2026See Holley, 313 Kan. at 254. b. | 1 | 1 |
State v. Mendezgreen1 sentence2026See K.S.A. 22-3414(3); Mendez, 319 Kan. at 727. | 1 | 1 |
State v. Mooregreen1 sentence2026See 319 Kan. at 570. | 1 | 1 |
State v. Turnergreen2 sentences2026Sinnard, 318 Kan. at 291; Turner, 318 Kan. at 166-67. 2026State v. Sinnard, 318 Kan. 261 , 291, 543 P.3d 525 (2024); Turner, 318 Kan. at 166-67. | 1 | 1 |
State v. Douglasgreen1 sentence2022Douglas, 313 Kan. at 710. | 1 | 1 |
State v. Gentrygreen2 sentences2019K.S.A. 2018 Supp. 22-3414(3) ("No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless the instruction or the failure to give an instruction is clearly erroneous."); State v. Gentry, 310 Kan. 715 , 720-21, 449 P.3d 429, 435 (2019). 2019K.S.A. 2018 Supp. 22-3414(3) ("No party may assign as error the giving or failure to give an instruction . . . unless the party objects thereto before the jury retires to consider its verdict . . . unless the instruction or the failure to give an instruction is clearly erroneous."); State v. Gentry, 310 Kan. 715 , 720-21, 449 P.3d 429, 435 (2019). | 1 | 1 |
State v. Rosagreen2 sentences2019Gentry, 310 Kan. at 720-21, 449 P.3d at 435 ; see State v. Rosa, 304 Kan. 429, 437 , 371 P.3d 915 (2016) (holding that when the State did not cross-petition from the Court of Appeals' finding of error, the only issue on review was whether the error was harmless). 2019Gentry, 310 Kan. at 720-21, 449 P.3d at 435 ; see State v. Rosa, 304 Kan. 429, 437 , 371 P.3d 915 (2016) (holding that when the State did not cross-petition from the Court of Appeals' finding of error, the only issue on review was whether the error was harmless). | 1 | 1 |
State v. Williamsgreen2 sentences2016State 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Betancourt
green
2 sentences2021State v. Betancourt, 299 Kan. 131, 135 , 322 P.3d 353 (2014). 2021State v. Betancourt, 299 Kan. 131, 135 , 322 P.3d 353 (2014). | 2 | 2020–2021 |
State v. Colston
red
2 sentences2011Most recently, in State v. Colston, 290 Kan. 952 , 235 P.3d 1234 (2010), the court confirmed its holding in Salts and Ellmaker, finding that the giving of the Allen-type instruction to the jury prior to deliberations was error, but not reversible error. 2011Most recently, in State v. Colston, 290 Kan. 952 , 235 P.3d 1234 (2010), the court confirmed its holding in Salts and Ellmaker, finding that the giving of the Allen-type instruction to the jury prior to deliberations was error, but not reversible error. | 2 | 2011–2011 |
State v. McLinn
green
1 sentence2021McLinn, 307 Kan. at 318 . | 1 | 2021–2021 |
State v. Dominguez
green
2 sentences2017State v. Dominguez, 299 Kan. 567, 573-74 , 328 P.3d 1094 (2014). 2017State v. Dominguez, 299 Kan. 567, 573-74 , 328 P.3d 1094 (2014). | 1 | 2017–2017 |
State v. Hoge
green
2 sentences2008State v. Hoge, 276 Kan. 801, 817 , 80 P.3d 52 (2003). 2008State v. Hoge, 276 Kan. 801, 817 , 80 P.3d 52 (2003). | 1 | 2008–2008 |
State v. Saenz
green
1 sentence2003Saenz, 271 Kan. at 352 . | 1 | 2003–2003 |
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.
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.