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makes error in Kansas

10 Kansas opinions name it 2 courts 2009–2022 1 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 (2)

CaseFollowedCited
State v. Plummergreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2022–2022
2 sentences

2022See State v. Plummer, 295 Kan. 156, 161 , 283 P.3d 202 (2012) ("[A]n instruction must always fairly and accurately state the applicable law, and an instruction that does not do so would be legally infirm.").

2022See State v. Plummer, 295 Kan. 156, 161 , 283 P.3d 202 (2012) ("[A]n instruction must always fairly and accurately state the applicable law, and an instruction that does not do so would be legally infirm.").

11
State v. Wardgreen
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015Ward, 292 Kan. at 550 (explaining that abuse of discretion can occur in one of three ways—when the trial court makes an error of law; bases its decision on facts not supported by substantial competent evidence; or makes an arbitrary, fanciful, or unreasonable decision).

2015State v. Ward, 292 Kan. 541, 550 , 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

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. Longoria green
kan · 2015
2 sentences

2020An abuse of discretion occurs "when the trial court makes an error of law; bases its decision on facts not supported by the evidence; or makes an arbitrary, fanciful, or unreasonable decision." State v. Longoria, 301 Kan. 489, 509 , 343 P.3d 1128 (2015).

2020An abuse of discretion occurs "when the trial court makes an error of law; bases its decision on facts not supported by the evidence; or makes an arbitrary, fanciful, or unreasonable decision." State v. Longoria, 301 Kan. 489, 509 , 343 P.3d 1128 (2015).

42015–2020
State v. Gensler green
kan · 2018
2 sentences

2020State v. Gensler, 308 Kan. 674 , 680, 423 P.3d 488 (2018).

2020State v. Gensler, 308 Kan. 674 , 680, 423 P.3d 488 (2018).

22020–2020
State v. Carr green
kan · 2014
2 sentences

2019K.S.A. 22-2616(1) directs a trial court to grant a defendant's motion to change venue if it "is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county." In determining whether these circumstances exist, the trial court considers the following nine factors: " '(1) the particular degree to which the publicity circulated throughout the community; (2) the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; (3) t

2019K.S.A. 22-2616(1) directs a trial court to grant a defendant's motion to change venue if it "is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county." In determining whether these circumstances exist, the trial court considers the following nine factors: " '(1) the particular degree to which the publicity circulated throughout the community; (2) the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; (3) t

22017–2019
Kansas v. Kansas green
scotus · 2016
2 sentences

2019K.S.A. 22-2616(1) directs a trial court to grant a defendant's motion to change venue if it "is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county." In determining whether these circumstances exist, the trial court considers the following nine factors: " '(1) the particular degree to which the publicity circulated throughout the community; (2) the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; (3) t

2019K.S.A. 22-2616(1) directs a trial court to grant a defendant's motion to change venue if it "is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county." In determining whether these circumstances exist, the trial court considers the following nine factors: " '(1) the particular degree to which the publicity circulated throughout the community; (2) the degree to which the publicity or that of a like nature circulated to other areas to which venue could be changed; (3) t

22017–2019
State v. Bowen green
kan · 2014
1 sentence

2017Bowen, 299 Kan. at 348 .

12017–2017
Bingham v. United States green
scotus · 2012
2 sentences

2015State v. Ward, 292 Kan. 541, 550 , 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

2015State v. Ward, 292 Kan. 541, 550 , 256 P.3d 801 (2011), cert. denied 132 S. Ct. 1594 (2012).

12015–2015
Alpha Medical Clinic v. Anderson green
kan · 2006
1 sentence

2009However this court makes an exception where (1) a litigant, without a remedy on appeal, could be denied a legal right or privilege by the judge’s order; or (2) the petition presents an issue of great public importance and concern. 280 Kan. at 916 .

12009–2009

Statutes the citing opinions construe

KS § K.S.A. § 22-2616 (5) KS § K.S.A. § 20-2616 (3) KS § K.S.A. § 20-3018 (3) KS § K.S.A. § 21-3110 (3) KS § K.S.A. § 21-3715 (3) KS § K.S.A. § 60-2101 (3) KS § K.S.A. § 60-401 (3) KS § K.S.A. § 60-460 (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

AZ 43 (1985–2026) MI 34 (2005–2026) VA 33 (2000–2025) OH 11 (2002–2024) KS 10 (2009–2022) MT 10 (2001–2017) CA 10 (1961–2022) FL 9 (1921–2019) PA 8 (1924–2026) CO 8 (2000–2024) IN 6 (1976–1995) NY 6 (1889–2026) WI 6 (1969–2022) DC 6 (1970–2017) IL 5 (1920–2025) WA 4 (2007–2019) GA 4 (1990–2020) LA 4 (2000–2014) OR 3 (1988–2016) NC 3 (1980–2021) AL 3 (1991–2014) MD 3 (1973–1996) VI 2 (2023–2023) NE 2 (1958–1997) VT 2 (2011–2025) CT 2 (1957–1996) IA 2 (1984–2014) TX 2 (2014–2023)

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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