prison mailbox rule (Kansas) · Go Syfert
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prison mailbox rule in Kansas

9 Kansas opinions name it 2 courts 2010–2025 6 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 (4)

CaseFollowedCited
Wahl v. Stategreen
kan · 2015 · cited in 4 Kansas opinions naming this issue, 2021–2025
2 sentences

2021But our Supreme Court applied the prison mailbox rule to a 60-1507 motion in Wahl v. State, 301 Kan. 610, 615 , 344 P.3d 385 (2015), and we are duty bound to follow Kansas Supreme Court precedent unless there is some indication the court is departing from its previous position.

2021But our Supreme Court applied the prison mailbox rule to a 60-1507 motion in Wahl v. State, 301 Kan. 610, 615 , 344 P.3d 385 (2015), and we are duty bound to follow Kansas Supreme Court precedent unless there is some indication the court is departing from its previous position.

24
Sauls v. McKunegreen
kanctapp · 2011 · cited in 3 Kansas opinions naming this issue, 2020–2025
2 sentences

2025Further, "under the prison mailbox rule, a habeas petition is considered filed when it is delivered to prison authorities for mailing—not on the date it is eventually filed with the court clerk—since those prison authorities control what happens after the paper is delivered to them." Sauls v. McKune, 45 Kan.

2024App. 2d 915, 916 , 260 P.3d 95 (2011) ("[U]nder the prison mailbox rule, a habeas petition is considered filed when it is delivered to prison authorities for mailing—not on the date it is eventually filed with the court clerk—since those prison authorities control what happens after the paper is delivered to them."); Kansas Dept. of Revenue v. Fletcher, No. 111,631, 2015 WL 3632318 , at *2 (Kan.

13
Taylor v. McKunegreen
kanctapp · 1998 · cited in 1 Kansas opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Taylor v. McKune, 25 Kan.

11
State v. Dillinghamgreen
kanctapp · 2008 · cited in 1 Kansas opinions naming this issue, 2024–2024
2 sentences

2024App. 2015) (unpublished opinion) (applying the prison mailbox rule described in Sauls to inmate's appeal from denial of motion for relief from judgment under K.S.A. 60-260 in civil matter); State v. Dillingham, No. 99,189, 2008 WL 5428180, at *2-3 (Kan.

2024App. 2015) (unpublished opinion) (applying the prison mailbox rule described in Sauls to inmate's appeal from denial of motion for relief from judgment under K.S.A. 60-260 in civil matter); State v. Dillingham, No. 99,189, 2008 WL 5428180, at *2-3 (Kan.

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 (2)

CaseCitedYears
Wilson v. State green
kanctapp · 2008
2 sentences

2011Wilson v. State, 40 Kan.

2010Wilson v. State, 40 Kan.

22010–2011
Rowell v. State green
kanctapp · 2021
1 sentence

2021App. 2d 235 , 242, 490 P.3d 78 (2021), 6 another panel of our court found the date on the certificate of service as the date a 60- 1507 motion was filed under the prison mailbox rule.

12021–2021

Statutes the citing opinions construe

KS § K.S.A. § 60-1507 (6) KS § K.S.A. § 60-1501 (5) KS § K.S.A. § 60-1503 (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

MS 43 (1996–2026) IN 12 (2009–2019) PA 11 (2015–2024) KS 9 (2010–2025) DE 9 (1989–2025) KY 7 (2011–2025) OH 5 (2004–2026) MO 5 (1990–2017) AR 5 (2014–2021) MD 4 (2018–2022) TX 4 (2015–2024) CA 4 (2009–2024) AL 4 (2015–2016) FL 3 (2013–2019) ID 3 (2021–2022) WI 3 (2000–2019) MA 2 (2018–2023) AZ 2 (2010–2021) MI 2 (2000–2009) SD 2 (2020–2023) TN 2 (2024–2025) IL 2 (2023–2025) IA 2 (2022–2026)

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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