flexible standard (Kansas) · Go Syfert
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flexible standard in Kansas

11 Kansas opinions name it 2 courts 1974–2016 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
Brennan v. Kansas Insurance Guaranty Ass'ngreen
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2013–2013
1 sentence

2013See Brennan v. Kansas Insurance Guaranty Ass’n, 293 Kan. 446, 458 , 264 P.3d 102 (2011) (legislature’s revision of existing law creates presumption that legislature intended to change prea-mendment law).

11
Brennan v. KANSAS INS. GUAR. ASS'Ngreen
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2013–2013
1 sentence

2013See Brennan v. Kansas Insurance Guaranty Ass’n, 293 Kan. 446, 458 , 264 P.3d 102 (2011) (legislature’s revision of existing law creates presumption that legislature intended to change prea-mendment law).

11
Tankersley v. Durishgreen
texapp · 1993 · cited in 1 Kansas opinions naming this issue, 1997–1997
1 sentence

1997Furthermore, it has been observed that collateral estoppel is a flexible doctrine which can never be rigidly or mechanically applied.” Finally, in Tankersley v. Durish, 855 S.W.2d 241, 245 (Tex. App. 1993), a case where a third parly alleged that neither party to the first action could relitigate a matter, the court noted: “Courts disfavor applying collateral estoppel in the context of a pure question of law.” In deciding that collateral estoppel did not apply and that the state court should consider the merits of the case under Texas law, the court also pointed out that absent application of

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
Mohr v. State Bank of Stanley green
kan · 1989
2 sentences

2015Mohr v. State Bank of Stanley, 244 Kan. 555, 562 , 770 P.2d 466 (1989) (citing NAACP v. New York, 413 U.S. 345, 366 , 93 S. Ct. 2591 , 37 L.

2015Mohr v. State Bank of Stanley, 244 Kan. 555, 562 , 770 P.2d 466 (1989) (citing NAACP v. New York, 413 U.S. 345, 366 , 93 S. Ct. 2591 , 37 L.

22015–2015
National Ass'n for the Advancement of Colored People v. New York green
scotus · 1973
2 sentences

2015Mohr v. State Bank of Stanley, 244 Kan. 555, 562 , 770 P.2d 466 (1989) (citing NAACP v. New York, 413 U.S. 345, 366 , 93 S. Ct. 2591 , 37 L.

2015Mohr v. State Bank of Stanley, 244 Kan. 555, 562 , 770 P.2d 466 (1989) (citing NAACP v. New York, 413 U.S. 345, 366 , 93 S. Ct. 2591 , 37 L.

22015–2015
Barker v. Wingo green
scotus · 1972
2 sentences

1983And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” The United States Supreme Court, in Barker v. Wingo, 407 *594 U.S. 514, 530, 33 L.Ed.2d 101 , 92 S.Ct. 2182 (1972), adopted a balancing test to determine whether an accused’s right to a speedy trial had been denied.

1983And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” The United States Supreme Court, in Barker v. Wingo, 407 *594 U.S. 514, 530, 33 L.Ed.2d 101 , 92 S.Ct. 2182 (1972), adopted a balancing test to determine whether an accused’s right to a speedy trial had been denied.

21974–1983
State v. King green
kan · 2009
1 sentence

2016Indeed, the King court—which articulated a less flexible rule that evidentiary claims must be preserved for appeal by way of a contemporaneous objection at trial— refused to consider for the first time on appeal an alleged constitutional violation of the defendant's right to remain silent. 288 Kan. at 339-40 .

12016–2016
United States v. R. Enterprises, Inc. green
scotus · 1991
1 sentence

2008The concurrence would opt for a more flexible standard, e.g., “the degree of need sufficient to justify denial of the motion to quash will vary to some extent with the burden of producing the requested information.” 498 U.S. at 305 .

12008–2008
Wilson v. Arkansas green
scotus · 1995
1 sentence

1999Wilson, 514 U.S. at 934 .

11999–1999
Wentling v. Medical Anesthesia Services green
kan · 1985
2 sentences

1999Dr. Thomas relies on McCart v. Muir, 230 Kan. 618 , 641 P.2d 384 (1982), to support his position; however, the Kansas Supreme Court in Wentling v. Medical Anesthesia Services, 237 Kan. 503 , 701 P.2d 939 (1985), established a more flexible standard for determining pecuniary loss than the one stated in McCart .

1999Dr. Thomas relies on McCart v. Muir, 230 Kan. 618 , 641 P.2d 384 (1982), to support his position; however, the Kansas Supreme Court in Wentling v. Medical Anesthesia Services, 237 Kan. 503 , 701 P.2d 939 (1985), established a more flexible standard for determining pecuniary loss than the one stated in McCart .

11999–1999
McCart v. Muir green
kan · 1982
2 sentences

1999Dr. Thomas relies on McCart v. Muir, 230 Kan. 618 , 641 P.2d 384 (1982), to support his position; however, the Kansas Supreme Court in Wentling v. Medical Anesthesia Services, 237 Kan. 503 , 701 P.2d 939 (1985), established a more flexible standard for determining pecuniary loss than the one stated in McCart .

1999Dr. Thomas relies on McCart v. Muir, 230 Kan. 618 , 641 P.2d 384 (1982), to support his position; however, the Kansas Supreme Court in Wentling v. Medical Anesthesia Services, 237 Kan. 503 , 701 P.2d 939 (1985), established a more flexible standard for determining pecuniary loss than the one stated in McCart .

11999–1999
State v. Smith green
kan · 1974
1 sentence

1979And that minimum right is measured by a flexible standard which takes account of all the circumstances.” (p. 813.)’ (p. 616.)” 215 Kan. at 39 .

11979–1979
State v. Hemminger green
kan · 1972
2 sentences

1974And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” (p. 616.) In State v. Otero, 210 Kan. 530 , 502 P. 2d 763 , it is said: “A defendant’s right to a [constitutional] speedy trial cannot be established by any fixed inflexible rule but is to be determined by the balancing of a number of factors in which the conduct of both prosecution and defendant is weighed.” (Syl. ¶ 2.) “The prejudice resulting to an accused from long delay in bringing criminal charges to trial is not limited to, but may be quite apart from that which impairs hi

1974And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” (p. 616.) In State v. Otero, 210 Kan. 530 , 502 P. 2d 763 , it is said: “A defendant’s right to a [constitutional] speedy trial cannot be established by any fixed inflexible rule but is to be determined by the balancing of a number of factors in which the conduct of both prosecution and defendant is weighed.” (Syl. ¶ 2.) “The prejudice resulting to an accused from long delay in bringing criminal charges to trial is not limited to, but may be quite apart from that which impairs hi

11974–1974
State v. Otero green
kan · 1972
2 sentences

1974And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” (p. 616.) In State v. Otero, 210 Kan. 530 , 502 P. 2d 763 , it is said: “A defendant’s right to a [constitutional] speedy trial cannot be established by any fixed inflexible rule but is to be determined by the balancing of a number of factors in which the conduct of both prosecution and defendant is weighed.” (Syl. ¶ 2.) “The prejudice resulting to an accused from long delay in bringing criminal charges to trial is not limited to, but may be quite apart from that which impairs hi

1974And that minimum right is measured by a flexible standard which takes account of all the circumstances.’ (p. 813.)” (p. 616.) In State v. Otero, 210 Kan. 530 , 502 P. 2d 763 , it is said: “A defendant’s right to a [constitutional] speedy trial cannot be established by any fixed inflexible rule but is to be determined by the balancing of a number of factors in which the conduct of both prosecution and defendant is weighed.” (Syl. ¶ 2.) “The prejudice resulting to an accused from long delay in bringing criminal charges to trial is not limited to, but may be quite apart from that which impairs hi

11974–1974

Where else courts name it

NY 169 (1937–2026) TX 127 (1973–2025) CT 107 (1978–2026) IL 64 (1961–2026) LA 52 (1963–2022) CA 51 (1896–2026) CO 50 (1964–2026) NJ 45 (1960–2025) MN 45 (1896–2025) PA 43 (1964–2025) MI 33 (1979–2026) RI 30 (1951–2023) FL 27 (1967–2025) VT 25 (1993–2026) WI 25 (1922–2022) OH 24 (1968–2025) MD 23 (1957–2024) NC 22 (1963–2025) MO 20 (1963–2017) MA 18 (1929–2014) WA 18 (1967–2016) AK 18 (1977–2023) DC 18 (1966–2022) NM 15 (1992–2010) MT 15 (1983–2024) UT 14 (2000–2023) DE 13 (1979–2022) IA 12 (1973–2024) NH 12 (1975–2021) ME 12 (1972–2023) HI 12 (1960–2010) KS 11 (1974–2016) AL 11 (1967–2007) NE 11 (1981–2024) IN 11 (1985–2025) OK 10 (1928–2019) ID 10 (1969–2022) AZ 10 (1973–2022) TN 9 (1981–2017) OR 9 (1943–2021) GA 8 (1967–2013) WV 7 (1963–2001) VA 7 (1979–2010) SD 6 (1990–2025) SC 6 (1998–2020) WY 5 (1982–2017) AR 5 (1990–2019) KY 4 (1979–2026) MS 4 (2004–2014) ND 3 (1989–2000) NV 2 (2000–2021)

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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