defendant relies rule in Kansas

9 Kansas opinions name it 2 courts 1929–2026 3 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
United States v. Battisgreen ca3 · 2009 · cited in 3 Kansas opinions naming this issue, 2022–2026 2 sentences 2026App. 2d at 73 -74 (quoting Battis, 589 F.3d at 682 ). 2022Acquiescence or Rebuttal When, as here, a defendant relies on a presumption of prejudice to establish the fourth Barker factor and identifies a delay of sufficient duration to be considered presumptively prejudicial, "this presumption of prejudice can be mitigated by a showing that the defendant acquiesced in the delay, or can be rebutted if the Government 'affirmatively prove[s] that the delay left [the defendant's] ability to defend himself unimpaired.'" Battis, 589 F.3d at 682 (quoting Doggett, 505 U.S. at 658 & n.1).	1	3
State v. Riveragreen kan · 2004 · cited in 1 Kansas opinions naming this issue, 2022–2022 1 sentence 2022Cf. Rivera, 277 Kan. at 119 (indicating presumption created by lengthy delays may be defeated by evidence of defendant's own acts and warning dismissal should be granted with "great caution").	1	1
Carmichael v. Stategreen kan · 1994 · cited in 1 Kansas opinions naming this issue, 1996–1996 2 sentences 1996State v. Reed, 254 Kan. 52 , Syl. ¶ 1, 865 P.2d 191 (1993); see Carmichael v. State, 255 Kan. 10, 15 , 872 P.2d 240 (1994). 1996State v. Reed, 254 Kan. 52 , Syl. ¶ 1, 865 P.2d 191 (1993); see Carmichael v. State, 255 Kan. 10, 15 , 872 P.2d 240 (1994).	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 (8)

Case	Cited	Years
Flores v. State green oklacrimapp · 1995 2 sentences 1997The defendant relies on the analysis of Flores v. State, 896 P.2d 558 , reh. denied 899 P.2d 1162 (Okla. 1997The defendant relies on the analysis of Flores v. State, 896 P.2d 558 , reh. denied 899 P.2d 1162 (Okla.	2	1996–1997
Flores v. State green oklacrimapp · 1995 2 sentences 1997The defendant relies on the analysis of Flores v. State, 896 P.2d 558 , reh. denied 899 P.2d 1162 (Okla. 1997The defendant relies on the analysis of Flores v. State, 896 P.2d 558 , reh. denied 899 P.2d 1162 (Okla.	2	1996–1997
State v. Sweizewski neutral kan · 1906 2 sentences 1945“In State v. Sweizewski, 73 Kan. 733 , 85 Pac. 800 , we said: ‘The circumstances must be so-strong as not only to be consistent with the theory of the defendant’s guilt, but they must also exclude every reasonable hypothesis except that of the guilt of the defendant. 1945“In State v. Sweizewski, 73 Kan. 733 , 85 Pac. 800 , we said: ‘The circumstances must be so-strong as not only to be consistent with the theory of the defendant’s guilt, but they must also exclude every reasonable hypothesis except that of the guilt of the defendant.	2	1944–1945
State v. McDonald green kanctapp · 2022 1 sentence 2026Where a defendant relies on the presumption of prejudice to establish the fourth Barker factor—and they identify a delay of sufficient duration to be considered presumptively prejudicial—"'this presumption . . . can be mitigated by a showing that the defendant acquiesced in the delay.'" McDonald, 62 Kan.	1	2026–2026
Doggett v. United States green scotus · 1992 1 sentence 2022Acquiescence or Rebuttal When, as here, a defendant relies on a presumption of prejudice to establish the fourth Barker factor and identifies a delay of sufficient duration to be considered presumptively prejudicial, "this presumption of prejudice can be mitigated by a showing that the defendant acquiesced in the delay, or can be rebutted if the Government 'affirmatively prove[s] that the delay left [the defendant's] ability to defend himself unimpaired.'" Battis, 589 F.3d at 682 (quoting Doggett, 505 U.S. at 658 & n.1).	1	2022–2022
State v. Reed green kan · 1993 2 sentences 1996State v. Reed, 254 Kan. 52 , Syl. ¶ 1, 865 P.2d 191 (1993); see Carmichael v. State, 255 Kan. 10, 15 , 872 P.2d 240 (1994). 1996State v. Reed, 254 Kan. 52 , Syl. ¶ 1, 865 P.2d 191 (1993); see Carmichael v. State, 255 Kan. 10, 15 , 872 P.2d 240 (1994).	1	1996–1996
Jemerigbe v. United States green scotus · 1995 1 sentence 1996Crim.), cert. denied 133 L.	1	1996–1996
Roebuck v. Atchison, Topeka & Santa Fe Railway Co. green kan · 1917 1 sentence 1929The third paragraph of the syllabus in Roebuck v. Railway Co., 99 Kan. 544 , 162 Pac. 1153 , uses the following language: “Under the common law of master and servant, as adopted and enforced by the courts generally, the master is not liable for the willful and criminal assault by one employee upon another, where the assault was not expressly or impliedly authorized or within the scope of the employment.” The plaintiff argues that because the petition in the present action alleges that with knowledge of the vicious disposition of Claude Brooks, the defendant retained him in its employ, Roebuck	1	1929–1929

Where else courts name it

CT 10 (1951–2014) CA 9 (1935–2021) MA 9 (1906–2024) KS 9 (1929–2026) GA 5 (1940–1989) AL 5 (1922–1964) MO 4 (1958–2004) MI 4 (1931–2014) PA 3 (1901–1992) IL 3 (1971–2025) VA 3 (1989–2024) NC 3 (1988–2019) NY 2 (1922–1990) AR 2 (2002–2011) TN 2 (1986–2011) AK 2 (2003–2019) NM 2 (2015–2019) OK 2 (1929–1953)

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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