motion without hearing (Kansas) · Go Syfert
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motion without hearing in Kansas

10 Kansas opinions name it 2 courts 1994–2024 2 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. Graygreen
kan · 2016 · cited in 3 Kansas opinions naming this issue, 2017–2017
2 sentences

2017See State v. Gray, 303 Kan. 1011, 1013 , 368 P.3d 1113 (2016) (When a defendant files a motion to correct illegal sentence, a district court may dismiss the motion without a hearing or appointment of counsel if "'"'"the motion, files, and records of the case conclusively show the defendant is not entitled to relief."'"'").

2017See State v. Gray, 303 Kan. 1011, 1013 , 368 P.3d 1113 (2016) (When a defendant files a motion to correct illegal sentence, a district court may dismiss the motion without a hearing or appointment of counsel if "'"'"the motion, files, and records of the case conclusively show the defendant is not entitled to relief."'"'").

33
State v. Dukegreen
kan · 1997 · cited in 1 Kansas opinions naming this issue, 2016–2016
1 sentence

2016Makthepharak, 298 Kan. at 576 (citing State v. Jones, 292 Kan. 910, 913 , 257 P.3d 268 [2011]); accord Duke, 263 Kan. at 195-96 (preliminary treatment of motion to correct illegal sentence intended to be the same as a K.S.A. 60- 1507 motion).

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 (8)

CaseCitedYears
State v. Adams green
kan · 2020
2 sentences

2024State v. Adams, 311 Kan. 569 , 577-78, 465 P.3d 176 (2020).

2024State v. Adams, 311 Kan. 569 , 577-78, 465 P.3d 176 (2020).

22024–2024
State v. Verser green
kan · 2014
2 sentences

2020Accordingly, Allen was not given an opportunity to be present to object to the State's continuance request. 3 "An appellate argument on a 'defendant's right to be present at every critical stage of his or her criminal trial raise[s] an issue of law over which this court exercises unlimited review.' State v. Verser, 299 Kan. 776, 787 , 326 P.3d 1046 (2014)." State v. Wright, 305 Kan. 1176 , 1178, 390 P.3d 899 (2017).

2020Accordingly, Allen was not given an opportunity to be present to object to the State's continuance request. 3 "An appellate argument on a 'defendant's right to be present at every critical stage of his or her criminal trial raise[s] an issue of law over which this court exercises unlimited review.' State v. Verser, 299 Kan. 776, 787 , 326 P.3d 1046 (2014)." State v. Wright, 305 Kan. 1176 , 1178, 390 P.3d 899 (2017).

12020–2020
Makthepharak v. State green
kan · 2013
1 sentence

2016Makthepharak, 298 Kan. at 576 (citing State v. Jones, 292 Kan. 910, 913 , 257 P.3d 268 [2011]); accord Duke, 263 Kan. at 195-96 (preliminary treatment of motion to correct illegal sentence intended to be the same as a K.S.A. 60- 1507 motion).

12016–2016
State v. Jones green
kan · 2011
2 sentences

2016Makthepharak, 298 Kan. at 576 (citing State v. Jones, 292 Kan. 910, 913 , 257 P.3d 268 [2011]); accord Duke, 263 Kan. at 195-96 (preliminary treatment of motion to correct illegal sentence intended to be the same as a K.S.A. 60- 1507 motion).

2016Makthepharak, 298 Kan. at 576 (citing State v. Jones, 292 Kan. 910, 913 , 257 P.3d 268 [2011]); accord Duke, 263 Kan. at 195-96 (preliminary treatment of motion to correct illegal sentence intended to be the same as a K.S.A. 60- 1507 motion).

12016–2016
State v. Ortiz green
kan · 1982
2 sentences

2013We conclude the district court erred by summarily denying Iiannebohn’s motion to file an appeal out of time, and we remand with directions for the district court to hold a hearing and make findings pursuant to State v. Ortiz, 230 Kan. 733 , Syl. ¶ 3, 640 P.2d 1255 (1982).

2013We conclude the district court erred by summarily denying Iiannebohn’s motion to file an appeal out of time, and we remand with directions for the district court to hold a hearing and make findings pursuant to State v. Ortiz, 230 Kan. 733 , Syl. ¶ 3, 640 P.2d 1255 (1982).

12013–2013
Price v. State green
kanctapp · 2001
1 sentence

2004Estes v. State, 221 Kan. 412, 414 , 559 P.2d 392 (1977); Price v. State, 28 Kan.

12004–2004
Estes v. State green
kan · 1977
2 sentences

2004Estes v. State, 221 Kan. 412, 414 , 559 P.2d 392 (1977); Price v. State, 28 Kan.

2004Estes v. State, 221 Kan. 412, 414 , 559 P.2d 392 (1977); Price v. State, 28 Kan.

12004–2004
State v. Pierce green
kan · 1990
2 sentences

1994In State v. Pierce, 246 Kan. 183 , 787 P.2d 1189 (1990), the defendant contended his rights to counsel and to a hearing on his motion to modify his sentence had been violated when the trial court ruled upon the motion without a hearing.

1994In State v. Pierce, 246 Kan. 183 , 787 P.2d 1189 (1990), the defendant contended his rights to counsel and to a hearing on his motion to modify his sentence had been violated when the trial court ruled upon the motion without a hearing.

11994–1994

Statutes the citing opinions construe

KS § K.S.A. § 22-3601 (5) KS § K.S.A. § 22-3504 (4) KS § K.S.A. § 60-1507 (4) KS § K.S.A. § 21-4711 (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

NY 317 (1969–2026) OH 90 (1978–2026) WI 65 (1974–2026) CO 53 (1980–2026) TX 39 (1979–2026) FL 31 (1964–2023) DC 24 (1974–2025) MA 21 (1976–2024) PA 13 (2004–2025) LA 13 (2000–2025) MO 12 (1935–2019) CA 12 (1898–2026) NM 11 (1967–2024) VT 10 (1992–2019) MD 10 (1997–2024) KS 10 (1994–2024) KY 10 (1966–2026) GA 9 (1983–2025) CT 8 (1942–2024) TN 7 (1970–2024) WY 7 (1999–2022) IL 7 (1927–2023) ME 6 (1985–2026) WA 6 (2011–2021) AL 5 (1979–2008) NC 5 (2012–2026) MS 5 (1987–2012) IN 5 (1893–2023) NE 3 (2021–2025) OR 3 (2024–2025) IA 2 (2017–2020) VA 2 (2013–2023) MT 2 (2005–2025)

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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