involuntary manslaughter instruction in Kansas

11 Kansas opinions name it 2 courts 1978–2015 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)

Case	Followed	Cited
State v. Claygreen kan · 2014 · cited in 1 Kansas opinions naming this issue, 2015–2015 2 sentences 2015See e.g., State v. Clay, 300 Kan. 401, 409 , 329 P.3d 484 (2014) (“Based on Todd, we conclude Clay was not legally entitled to either an unintentional second-degree murder instruction or an involuntary manslaughter instruction as a lesser included offense of felony murder.”). 2015See e.g., State v. Clay, 300 Kan. 401, 409 , 329 P.3d 484 (2014) (“Based on Todd, we conclude Clay was not legally entitled to either an unintentional second-degree murder instruction or an involuntary manslaughter instruction as a lesser included offense of felony murder.”).	1	1
Strickland v. Washingtongreen scotus · 1984 · cited in 1 Kansas opinions naming this issue, 2014–2014 1 sentence 2014Turning first to the State’s argument, the State is correct that generally“[i]t is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.” Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 (2011) (citing State v. Ward, 227 Kan. 663 , Syl. ¶ 1, 608 P.2d 1351 [1980]); see also Strickland, 466 U.S. at 690-91 (“[Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”).	1	1
State v. Farleygreen kan · 1978 · cited in 1 Kansas opinions naming this issue, 1981–1981 2 sentences 1981See also State v. Farley, 225 Kan. 127 , 587 P.2d 337 (1978).” These comments were inspired by the fact that at the first trial the involuntary manslaughter instruction required the jury to find only an unintentional killing and “That it was done while in the commission of an unlawful act not amounting to a felony, to wit: discharging a gun within the city limits.” The defendant argued at that time, in substance, that self-defense would justify the violation of the city ordinance against shooting firearms, but that if her self-defense involved excessive force she might be guilty of involuntary 1981See also State v. Farley, 225 Kan. 127 , 587 P.2d 337 (1978).” These comments were inspired by the fact that at the first trial the involuntary manslaughter instruction required the jury to find only an unintentional killing and “That it was done while in the commission of an unlawful act not amounting to a felony, to wit: discharging a gun within the city limits.” The defendant argued at that time, in substance, that self-defense would justify the violation of the city ordinance against shooting firearms, but that if her self-defense involved excessive force she might be guilty of involuntary	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
State v. Childers green kan · 1975 2 sentences 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan. 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan.	2	1979–1999
State v. Seelke green kan · 1977 2 sentences 1981State v. Seelke, 221 Kan. 672, 680 , 561 P.2d 869 (1977), teaches that under such circumstances the trial judge would have committed reversible error had he not given the involuntary manslaughter instruction. 1981State v. Seelke, 221 Kan. 672, 680 , 561 P.2d 869 (1977), teaches that under such circumstances the trial judge would have committed reversible error had he not given the involuntary manslaughter instruction.	2	1981–1999
State v. Gunby green kan · 2006 2 sentences 2015Our Supreme Court addressed a similar argument raised in the context of juiy instruction error in State v. Roberson, 272 Kan. 1143, 1154 , 38 P.3d 715 , cert. denied 537 U.S. 829 (2002), disapproved on other grounds by State v. Gunby, 282 Kan. 39 , 144 P.3d 647 (2006). 2015Our Supreme Court addressed a similar argument raised in the context of juiy instruction error in State v. Roberson, 272 Kan. 1143, 1154 , 38 P.3d 715 , cert. denied 537 U.S. 829 (2002), disapproved on other grounds by State v. Gunby, 282 Kan. 39 , 144 P.3d 647 (2006).	1	2015–2015
Rasten v. Bournewood Hospital green scotus · 2002 1 sentence 2015Our Supreme Court addressed a similar argument raised in the context of juiy instruction error in State v. Roberson, 272 Kan. 1143, 1154 , 38 P.3d 715 , cert. denied 537 U.S. 829 (2002), disapproved on other grounds by State v. Gunby, 282 Kan. 39 , 144 P.3d 647 (2006).	1	2015–2015
State v. Roberson green kan · 2002 2 sentences 2015Our Supreme Court addressed a similar argument raised in the context of juiy instruction error in State v. Roberson, 272 Kan. 1143, 1154 , 38 P.3d 715 , cert. denied 537 U.S. 829 (2002), disapproved on other grounds by State v. Gunby, 282 Kan. 39 , 144 P.3d 647 (2006). 2015Our Supreme Court addressed a similar argument raised in the context of juiy instruction error in State v. Roberson, 272 Kan. 1143, 1154 , 38 P.3d 715 , cert. denied 537 U.S. 829 (2002), disapproved on other grounds by State v. Gunby, 282 Kan. 39 , 144 P.3d 647 (2006).	1	2015–2015
Thompson v. State green kan · 2011 2 sentences 2014Turning first to the State’s argument, the State is correct that generally“[i]t is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.” Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 (2011) (citing State v. Ward, 227 Kan. 663 , Syl. ¶ 1, 608 P.2d 1351 [1980]); see also Strickland, 466 U.S. at 690-91 (“[Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”). 2014Turning first to the State’s argument, the State is correct that generally“[i]t is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.” Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 (2011) (citing State v. Ward, 227 Kan. 663 , Syl. ¶ 1, 608 P.2d 1351 [1980]); see also Strickland, 466 U.S. at 690-91 (“[Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”).	1	2014–2014
State v. Ward green kan · 1980 2 sentences 2014Turning first to the State’s argument, the State is correct that generally“[i]t is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.” Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 (2011) (citing State v. Ward, 227 Kan. 663 , Syl. ¶ 1, 608 P.2d 1351 [1980]); see also Strickland, 466 U.S. at 690-91 (“[Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”). 2014Turning first to the State’s argument, the State is correct that generally“[i]t is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.” Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 (2011) (citing State v. Ward, 227 Kan. 663 , Syl. ¶ 1, 608 P.2d 1351 [1980]); see also Strickland, 466 U.S. at 690-91 (“[Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.”).	1	2014–2014
State v. Jackson green kan · 1997 2 sentences 2001The State counters with State v. Jackson, 262 Kan. 119 , 936 P.2d 761 (1997). 2001The State counters with State v. Jackson, 262 Kan. 119 , 936 P.2d 761 (1997).	1	2001–2001
State v. Dixon green kan · 1991 1 sentence 1999He claimed at trial that he was upset and had simply “lost his wits” and shot his wife in the legs with no intent to cause her harm or death, and, therefore, should have been entitled to an involuntary manslaughter instruction. 248 Kan. at 785-86 .	1	1999–1999
State v. Clark green kan · 1975 2 sentences 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan. 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan.	1	1999–1999
State v. Gregory green kan · 1975 2 sentences 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan. 1999He bases his arguments upon State v. Gregory, 218 Kan. 180 , 542 P.2d 1051 (1975), and State v. Clark, 218 Kan. 18 , 542 P.2d 291 (1975); as well as State v. Seelke, 221 Kan. 672 , 561 P.2d 869 (1977); State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1973); State v. Mitchell, 23 Kan.	1	1999–1999
State v. Hickles green kan · 1996 2 sentences 1999More recently, in State v. Hickles, 261 Kan. 74 , 929 P.2d 141 (1996), this court found that a defendant’s testimony that a stabbing of a police officer “just happened” as they fought for possession of a knife was insufficient to support the giving of an involuntary manslaughter instruction. 1999More recently, in State v. Hickles, 261 Kan. 74 , 929 P.2d 141 (1996), this court found that a defendant’s testimony that a stabbing of a police officer “just happened” as they fought for possession of a knife was insufficient to support the giving of an involuntary manslaughter instruction.	1	1999–1999
State v. Griblin green kanctapp · 1988 1 sentence 1997A similar finding was made in State v. Griblin, 12 Kan.	1	1997–1997
State v. Jordan green kan · 1992 2 sentences 1992State v. Jordan, 250 Kan. 180, 189 , 825 P.2d 157 (1992). 1992State v. Jordan, 250 Kan. 180, 189 , 825 P.2d 157 (1992).	1	1992–1992
State v. Weyer green kan · 1972 2 sentences 1979State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1975); State v. Clark, 214 Kan. 293 , 521 P.2d 298 (1974); State v. Weyer, 210 Kan. 721 , 504 P.2d 178 (1972). 1979State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1975); State v. Clark, 214 Kan. 293 , 521 P.2d 298 (1974); State v. Weyer, 210 Kan. 721 , 504 P.2d 178 (1972).	1	1979–1979
State v. Clark green kan · 1974 2 sentences 1979State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1975); State v. Clark, 214 Kan. 293 , 521 P.2d 298 (1974); State v. Weyer, 210 Kan. 721 , 504 P.2d 178 (1972). 1979State v. Childers, 217 Kan. 410 , 536 P.2d 1349 (1975); State v. Clark, 214 Kan. 293 , 521 P.2d 298 (1974); State v. Weyer, 210 Kan. 721 , 504 P.2d 178 (1972).	1	1979–1979
State v. Branch and Bussey green kan · 1978 2 sentences 1978(See State v. Branch and Bussey, 223 Kan. 381, 382-383 , 573 P.2d 1041 [1978].) Thus, the trial court in refusing the involuntary manslaughter instruction had to find as a matter of law the evidence established that defendants had committed an attempted burglary and the evidence would admit of no other conclusion. 122 The attempt statute, K.S.A. 21-3301(1), provides: “An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.” This court has held 1978(See State v. Branch and Bussey, 223 Kan. 381, 382-383 , 573 P.2d 1041 [1978].) Thus, the trial court in refusing the involuntary manslaughter instruction had to find as a matter of law the evidence established that defendants had committed an attempted burglary and the evidence would admit of no other conclusion. 122 The attempt statute, K.S.A. 21-3301(1), provides: “An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime.” This court has held	1	1978–1978
State v. Gobin green kan · 1975 2 sentences 1978The overt act necessary must extend beyond mere preparations made by the accused and must approach sufficiently near to consummation of the offense to stand either as the first or some subsequent step in a direct movement toward the completed offense.” (State v. Gobin, 216 Kan. 278 , Syl. ¶ 3, 531 P.2d 16 , 76 A.L.R.3d 832 [1975].) At page 281 of the Gobin opinion the court quotes from the comments to the committee to PIK Crim. 55.01: “ ‘. . . 1978The overt act necessary must extend beyond mere preparations made by the accused and must approach sufficiently near to consummation of the offense to stand either as the first or some subsequent step in a direct movement toward the completed offense.” (State v. Gobin, 216 Kan. 278 , Syl. ¶ 3, 531 P.2d 16 , 76 A.L.R.3d 832 [1975].) At page 281 of the Gobin opinion the court quotes from the comments to the committee to PIK Crim. 55.01: “ ‘. . .	1	1978–1978

Statutes the citing opinions construe

KS § K.S.A. § 21-3404 (9) KS § K.S.A. § 21-3402 (5) KS § K.S.A. § 21-3107 (4) KS § K.S.A. § 21-3201 (4) KS § K.S.A. § 21-3211 (4) KS § K.S.A. § 60-447 (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

IL 159 (1975–2026) CA 97 (1967–2026) MA 43 (1985–2026) MO 28 (1988–2025) PA 28 (1977–2025) OH 26 (1994–2025) MI 22 (1988–2026) NM 21 (1995–2026) SC 15 (1991–2026) KY 13 (1931–1979) KS 11 (1978–2015) NC 11 (1989–2026) GA 10 (2014–2026) IN 9 (1995–2020) WV 7 (1979–2020) DC 6 (1975–2004) VA 4 (2015–2025) RI 3 (1998–2008) ID 3 (1983–2002) NV 2 (2000–2018) NE 2 (2023–2023)

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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