constitutional speedy trial violation (Kansas) · Go Syfert
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constitutional speedy trial violation in Kansas

12 Kansas opinions name it 2 courts 2004–2026 7 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 (11)

CaseFollowedCited
Barker v. Wingogreen
scotus · 1972 · cited in 3 Kansas opinions naming this issue, 2025–2026
2 sentences

2026Even though Campbell makes a conclusory claim of a constitutional speedy trial error in his brief, he fails to explain how his constitutional right 5 to a speedy trial was violated or cite to any of the factors set forth in Barker v. Wingo, 407 U.S. 514, 530 , 92 S. Ct. 2182 , 33 L.

2026Even though Campbell makes a conclusory claim of a constitutional speedy trial error in his brief, he fails to explain how his constitutional right 5 to a speedy trial was violated or cite to any of the factors set forth in Barker v. Wingo, 407 U.S. 514, 530 , 92 S. Ct. 2182 , 33 L.

13
State v. Owensgreen
kan · 2019 · cited in 1 Kansas opinions naming this issue, 2026–2026
2 sentences

2026A court considers four factors when a defendant makes a constitutional speedy trial claim: "Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant." Barker, 407 U.S. at 530 ; see State v. Owens, 310 Kan. 865 , 869, 451 P.3d 467 (2019).

2026A court considers four factors when a defendant makes a constitutional speedy trial claim: "Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant." Barker, 407 U.S. at 530 ; see State v. Owens, 310 Kan. 865 , 869, 451 P.3d 467 (2019).

11
State v. Gillgreen
kanctapp · 2012 · cited in 1 Kansas opinions naming this issue, 2024–2024
1 sentence

2024See Gill, 48 Kan. App. 2d at 113 .

11
State v. Dupreegreen
kan · 2016 · cited in 1 Kansas opinions naming this issue, 2022–2022
2 sentences

2022See State v. Dupree, 304 Kan. 43, 48 , 371 P.3d 862 (2016).

2022See State v. Dupree, 304 Kan. 43, 48 , 371 P.3d 862 (2016).

11
State v. Arnettgreen
kan · 2018 · cited in 1 Kansas opinions naming this issue, 2022–2022
2 sentences

2022See State v. Arnett, 5 307 Kan. 648, 650 , 413 P.3d 787 (2018) (issue not briefed deemed waived or abandoned).

2022See State v. Arnett, 5 307 Kan. 648, 650 , 413 P.3d 787 (2018) (issue not briefed deemed waived or abandoned).

11
State v. Williamsgreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2016–2016
2 sentences

2016See State v. Williams, 298 Kan. 1075, 1083-84 , 319 P.3d 528 (2014) (issues not argued or briefed are abandoned).

2016See State v. Williams, 298 Kan. 1075, 1083-84 , 319 P.3d 528 (2014) (issues not argued or briefed are abandoned).

11
United States v. Ghailanigreen
ca2 · 2013 · cited in 1 Kansas opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Ghailani, 733 F.3d 29 , 30 44 (2d Cir. 2013) (recognizing that although other panels in the Second Circuit had previously used an abuse of discretion standard, "a district court is in no better position than a reviewing court to undertake the required balancing"); People v. Crane, 195 Ill. 2d 42, 51-52 , 743 N.E.2d 555 (2001) (reasoning that because the trial court is in no better position than the reviewing court to apply the Barker factors, appellate courts should review a defendant's constitutional speedy trial challenge de novo); see also Hurst v. State, 195 So. 3d 736

11
State v. Friberggreen
minn · 1989 · cited in 1 Kansas opinions naming this issue, 2016–2016
1 sentence

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

11
Joshua Hurst v. State of Mississippigreen
miss · 2016 · cited in 1 Kansas opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Ghailani, 733 F.3d 29 , 30 44 (2d Cir. 2013) (recognizing that although other panels in the Second Circuit had previously used an abuse of discretion standard, "a district court is in no better position than a reviewing court to undertake the required balancing"); People v. Crane, 195 Ill. 2d 42, 51-52 , 743 N.E.2d 555 (2001) (reasoning that because the trial court is in no better position than the reviewing court to apply the Barker factors, appellate courts should review a defendant's constitutional speedy trial challenge de novo); see also Hurst v. State, 195 So. 3d 736

11
State v. Pierregreen
lactapp · 2014 · cited in 1 Kansas opinions naming this issue, 2016–2016
1 sentence

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

11
State v. Warrengreen
kan · 1978 · cited in 1 Kansas opinions naming this issue, 2012–2012
2 sentences

2012See State v. Warren, 224 Kan. 454, 457 , 580 P.2d 1336 (1978) (The purpose of K.S.A. 22-3402 is to implement and define the constitutional guarantee of a speedy trial.).

2012See State v. Warren, 224 Kan. 454, 457 , 580 P.2d 1336 (1978) (The purpose of K.S.A. 22-3402 is to implement and define the constitutional guarantee of a speedy trial.).

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 (7)

CaseCitedYears
State v. McDonald green
kanctapp · 2022
2 sentences

2024State v. McDonald, 62 Kan. App. 2d 59, 70 , 506 P.3d 930 (2022).

2024State v. McDonald, 62 Kan. App. 2d 59, 70 , 506 P.3d 930 (2022).

12024–2024
People v. Crane green
ill · 2001
2 sentences

2016See United States v. Ghailani, 733 F.3d 29 , 30 44 (2d Cir. 2013) (recognizing that although other panels in the Second Circuit had previously used an abuse of discretion standard, "a district court is in no better position than a reviewing court to undertake the required balancing"); People v. Crane, 195 Ill. 2d 42, 51-52 , 743 N.E.2d 555 (2001) (reasoning that because the trial court is in no better position than the reviewing court to apply the Barker factors, appellate courts should review a defendant's constitutional speedy trial challenge de novo); see also Hurst v. State, 195 So. 3d 736

2016See United States v. Ghailani, 733 F.3d 29 , 30 44 (2d Cir. 2013) (recognizing that although other panels in the Second Circuit had previously used an abuse of discretion standard, "a district court is in no better position than a reviewing court to undertake the required balancing"); People v. Crane, 195 Ill. 2d 42, 51-52 , 743 N.E.2d 555 (2001) (reasoning that because the trial court is in no better position than the reviewing court to apply the Barker factors, appellate courts should review a defendant's constitutional speedy trial challenge de novo); see also Hurst v. State, 195 So. 3d 736

12016–2016
State v. Porter green
ga · 2011
2 sentences

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

12016–2016
State v. Selvage green
ohio · 1997
2 sentences

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

2016App. 2001) ("We find that the trial court did not abuse its discretion and properly evaluated the four factors enumerated in [Barker] to determine whether a constitutional speedy trial violation had occurred."); State v. Porter, 288 Ga. 524, 526 , 705 S.E.2d 636 (2011) ("The trial court's weighing of each factor and its balancing of all four factors—its ultimate judgment—are reviewed on appeal only for abuse of discretion."); State v. Pierre, 146 So. 3d 681, 684-85 (La. 2014) (reviewing the district court's application of the Barker factors for an abuse of discretion); State v. Friberg, 435 N.

12016–2016
State v. Sherman green
kan · 1974
1 sentence

2007Sherman involved a delay resulting from the defendant’s requests for continuances and failure to appear. 217 Kan. at 329 .

12007–2007
State v. Fitch green
kan · 1991
1 sentence

2007Fitch involved a constitutional speedy trial analysis rather than a statutory speedy trial analysis. 249 Kan. at 563 .

12007–2007
State v. Goss green
kan · 1989
1 sentence

2004Goss determined that “a little over a year” between arrest and trial is not presumptively prejudicial under a constitutional speedy-trial analysis. 245 Kan. at 193 .

12004–2004

Statutes the citing opinions construe

KS § K.S.A. § 22-3402 (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.

Where else courts name it

GA 89 (2003–2026) NY 63 (1981–2026) OH 48 (1999–2026) MS 27 (1990–2024) IL 27 (2001–2023) VA 26 (1987–2025) WA 24 (2003–2026) WY 22 (1989–2023) LA 19 (2003–2025) NM 13 (1995–2021) CO 12 (1995–2026) KS 12 (2004–2026) WI 11 (1980–2026) ID 10 (2007–2025) FL 10 (1980–2026) MD 8 (1983–2023) NC 6 (1994–2025) AZ 6 (2017–2024) OR 6 (1994–2020) NE 6 (1998–2025) TX 6 (1984–2015) MT 5 (2003–2018) PA 4 (1990–2025) IN 4 (2004–2020) TN 3 (1986–2021) NV 3 (2019–2024) CA 3 (1997–2012) HI 3 (1980–2018) IA 3 (1977–2023) MA 2 (2008–2017) WV 2 (1980–1980)

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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