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9 Kansas opinions name it 2 courts 1989–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Fikegreen1 sentence1989App. 2d 110, 118-19 , 735 P.2d 1102 (1987) (on the facts of the case, DUI was a lesser included offense of aggravated vehicular homicide because “all of the elements of driving while under the influence of alcohol are required to establish the greater offense of aggravated vehicular homicide”); and State v. Fike, 243 Kan. at 367-73 (applying two-prong Adams test, aggravated sexual battery is not a lesser included offense of indecent liberties with a child because aggravated sexual battery requires proof that thes victim did not-give actual consent and hence was not “necessarily proved” when de | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Adams
green
2 sentences2021For example, in State v. Adams, 283 Kan. 365, 370 , 153 P.3d 512 (2007), this court held: "Although [Charles] Adams' defense counsel accepted the . . . trial setting, his acceptance is neither an acquiescence to a continuance nor the equivalent of a waiver of Adams' statutory right to a speedy trial." In Adams, neither side requested a continuance, 14 but the district court continued the trial on the mistaken expectation that the defendant would not appear. 2021For example, in State v. Adams, 283 Kan. 365, 370 , 153 P.3d 512 (2007), this court held: "Although [Charles] Adams' defense counsel accepted the . . . trial setting, his acceptance is neither an acquiescence to a continuance nor the equivalent of a waiver of Adams' statutory right to a speedy trial." In Adams, neither side requested a continuance, 14 but the district court continued the trial on the mistaken expectation that the defendant would not appear. | 4 | 2020–2021 |
Franks v. Delaware
green
2 sentences2012Franks v. Delaware Procedure The trial court’s analysis applied the principles outlined by the United States Supreme Court in Franks v. Delaware, 438 U.S. 154 , 98 S. Ct. 2674 , 57 L. 2012Franks v. Delaware Procedure The trial court’s analysis applied the principles outlined by the United States Supreme Court in Franks v. Delaware, 438 U.S. 154 , 98 S. Ct. 2674 , 57 L. | 1 | 2012–2012 |
State v. Calvin
green
2 sentences2006State v. Calvin, 279 Kan. 193, 198 , 105 P.3d 710 (2005). 2006State v. Calvin, 279 Kan. 193, 198 , 105 P.3d 710 (2005). | 1 | 2006–2006 |
United States v. Adams
green
2 sentences2005The panel disagreed, distinguishing the fundamental right to present a defense from a right “that is not fundamental, the right to present that theory in whatever manner and with whatever evidence he chooses.” Adams, 271 F.3d at 1243 . 2005As the panel observed in Adams , this is “precisely the type of explanation that a jury is capable of resolving without expert testimony.” Adams, 271 F.3d at 1246 . | 1 | 2005–2005 |
Adams v. Kansas Parole Board
green
1 sentence2001The court said that K.A.R. 45-9-3(a) gave the Board the authority to revoke Adams’ conditional release. 24 Kan. | 1 | 2001–2001 |
State v. Woodman
green
1 sentence1989App. 2d 110, 118-19 , 735 P.2d 1102 (1987) (on the facts of the case, DUI was a lesser included offense of aggravated vehicular homicide because “all of the elements of driving while under the influence of alcohol are required to establish the greater offense of aggravated vehicular homicide”); and State v. Fike, 243 Kan. at 367-73 (applying two-prong Adams test, aggravated sexual battery is not a lesser included offense of indecent liberties with a child because aggravated sexual battery requires proof that thes victim did not-give actual consent and hence was not “necessarily proved” when de | 1 | 1989–1989 |
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.
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.