Chapman harmless error (Kansas) · Go Syfert
← Kansas issues

Chapman harmless error in Kansas

12 Kansas opinions name it 2 courts 1979–2024 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 (7)

CaseFollowedCited
State v. Wardgreen
kan · 2011 · cited in 6 Kansas opinions naming this issue, 2011–2022
2 sentences

2014Hence, we need conduct our analysis only under the Chapman harmless error standard, under which “ ‘the error may be declared harmless where the party benefitting from tire error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of tire entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.” State v. Ward, 292 Kan. 541 , Syl. ¶ 6, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

2014Hence, we need conduct our analysis only under the Chapman harmless error standard, under which “ ‘the error may be declared harmless where the party benefitting from tire error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of tire entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.” State v. Ward, 292 Kan. 541 , Syl. ¶ 6, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

26
State v. Ochsgreen
kan · 2013 · cited in 2 Kansas opinions naming this issue, 2013–2014
2 sentences

2014See State v. Ochs, 297 Kan. 1094 , [1100,] 306 P.3d 294, 299 (2013) (citing Herbel, 296 Kan. at 1110-11 .)” Todd takes issue with three comments the prosecutor made about Horton during closing argument.

2014See State v. Ochs, 297 Kan. 1094 , [1100,] 306 P.3d 294, 299 (2013) (citing Herbel, 296 Kan. at 1110-11 .)” Todd takes issue with three comments the prosecutor made about Horton during closing argument.

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

2014See State v. Ochs, 297 Kan. 1094 , [1100,] 306 P.3d 294, 299 (2013) (citing Herbel, 296 Kan. at 1110-11 .)” Todd takes issue with three comments the prosecutor made about Horton during closing argument.

2013See State v. Ochs, 297 Kan. 1094 , 306 P.3d 294, 299 (2013) (citing Herbel, 296 Kan. at 1110-11 ).

12
Chapman v. Californiayellow
scotus · 1967 · cited in 1 Kansas opinions naming this issue, 2014–2014
1 sentence

2014See Ward, 292 Kan. 541 , Syl. ¶ 6 (citing Chapman, 386 U.S. 18 ).

11
State v. Inkelaarred
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2014–2014
1 sentence

2014See Inkelaar, 293 Kan. at 436 .

11
Satterwhite v. Texasgreen
scotus · 1988 · cited in 1 Kansas opinions naming this issue, 2001–2001
2 sentences

2001See Satterwhite v. Texas, 486 U.S. 249 , 100 L.

2001See Satterwhite v. Texas, 486 U.S. 249 , 100 L.

11
State v. Follingreen
kan · 1997 · cited in 1 Kansas opinions naming this issue, 2001–2001
2 sentences

2001See State v. Follin, 263 Kan. 28, 45 , 947 P.2d 8 (1997) (stating that one factor to be considered in determining whether a new trial should be granted because of prosecutorial misconduct is whether the evidence against the defendant was so overwhelming that there was little or no likelihood the prosecutor’s prejudicial remarks changed the result of the trial).

2001See State v. Follin, 263 Kan. 28, 45 , 947 P.2d 8 (1997) (stating that one factor to be considered in determining whether a new trial should be granted because of prosecutorial misconduct is whether the evidence against the defendant was so overwhelming that there was little or no likelihood the prosecutor’s prejudicial remarks changed the result of the trial).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Toshred
kan · 2004 · cited in 2 Kansas opinions naming this issue, 2024–2024
2 sentences

2024This test was stated in State v. Tosh, 278 Kan. 83 , 91 P.3d 1204 (2004), overruled by State v. Sherman, 305 Kan. 88 , 378 P.3d 1060 (2016): "In the second step of the two-step analysis for alleged prosecutorial misconduct the appellate court considers three factors to determine if the prosecutorial misconduct so prejudiced the jury against the defendant that a new trial should be granted: (1) whether the misconduct is gross and flagrant; (2) whether the misconduct shows ill will on the prosecutor's part; and (3) whether the evidence against the defendant is of such a direct and overwhelming n

2024This test was stated in State v. Tosh, 278 Kan. 83 , 91 P.3d 1204 (2004), overruled by State v. Sherman, 305 Kan. 88 , 378 P.3d 1060 (2016): "In the second step of the two-step analysis for alleged prosecutorial misconduct the appellate court considers three factors to determine if the prosecutorial misconduct so prejudiced the jury against the defendant that a new trial should be granted: (1) whether the misconduct is gross and flagrant; (2) whether the misconduct shows ill will on the prosecutor's part; and (3) whether the evidence against the defendant is of such a direct and overwhelming n

22

Also cited on this issue (3)

CaseCitedYears
Ward v. Kansas green
scotus · 2012
2 sentences

2014Hence, we need conduct our analysis only under the Chapman harmless error standard, under which “ ‘the error may be declared harmless where the party benefitting from tire error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of tire entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.” State v. Ward, 292 Kan. 541 , Syl. ¶ 6, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

2013Hence, we need conduct our analysis only under the Chapman harmless error standard, under which “the error may be declared harmless where the party benefitting from the error proves beyond a reasonable doubt that the error complained of will not or did not affect the outcome of the trial in light of the entire record, i.e., where there is no reasonable possibility that the error contributed to the verdict.” State v. Ward, 292 Kan. 541 , Syl. ¶ 6, 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

22013–2014
State v. Kleypas yellow
kan · 2001
1 sentence

2016Thus, application of the 'overwhelming evidence test' as a 67 component of the Chapman harmless error analysis assumes that all of the mitigating circumstances claimed by the defendant exist." 272 Kan. at 1087 .

12016–2016
State v. Reeves green
kan · 1978
1 sentence

1979State v. Reeves, 224 Kan. at 93 .

11979–1979

Statutes the citing opinions construe

KS § K.S.A. § 60-261 (10) KS § K.S.A. § 22-3601 (6) KS § K.S.A. § 21-4624 (4) KS § K.S.A. § 21-3205 (3) KS § K.S.A. § 21-3301 (3) KS § K.S.A. § 21-3401 (3) KS § K.S.A. § 21-3439 (3) KS § K.S.A. § 21-4625 (3) KS § K.S.A. § 21-6619 (3) KS § K.S.A. § 21-6624 (3) KS § K.S.A. § 22-3410 (3) KS § K.S.A. § 22-3423 (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

CA 111 (1987–2026) LA 15 (1980–2015) ID 14 (2003–2022) KS 12 (1979–2024) DC 11 (1982–2024) TX 11 (1989–2021) MO 4 (1994–2018) FL 4 (1985–1991) PA 3 (1971–2026) OH 3 (2006–2025) IL 3 (1991–1993) CT 3 (1987–1988) AR 3 (1987–1999) WI 3 (1987–2002) NM 3 (2004–2004) IN 3 (2010–2019) MN 3 (1996–2005) TN 3 (1993–2010) MT 2 (2000–2001) CO 2 (1991–2009) DE 2 (1972–2008) NJ 2 (1991–1991) OK 2 (1994–2023)

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.

← Caselaw search · G Cite Topics · Brief Check