9 Kansas opinions name it 2 courts 1937–1999 0 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 |
|---|---|---|
United States v. Ishmael Gallopgreen1 sentence1989In United States v. Gallop, 838 F.2d 105, 108 (4th Cir. 1988), the court set out the factors an appellate court should consider in determining whether the trial court abused its discretion in denying defendant’s motion to discharge a court-appointed attorney: timeliness of the motion, adequacy of the trial court’s inquiry into defendant’s complaint, and whether the attorney-client conflict was so great that it resulted in total lack of communication preventing an adequate defense. | 1 | 1 |
Klingman v. Gilbertgreen2 sentences1965Courts are inclined toward a construction favorable to the early vesting of an estate so as not to defeat the intent of the testator but there must necessarily be a vesting within the limits of the rule against perpetuities. ( Klingman v. Gilbert, 90 Kan. 545, 548, 549 , 135 Pac. 682 ; Tretbar v. Aged Ministers Home, 180 Kan. 18, 21 , 299 P.2d 58 .)" In ruling upon whether a future interest violates the rule against perpetuities, speculation concerning the probabilities of various subsequent developments is not indulged in by the courts. 1965Courts are inclined toward a construction favorable to the early vesting of an estate so as not to defeat the intent of the testator but there must necessarily be a vesting within the limits of the rule against perpetuities. ( Klingman v. Gilbert, 90 Kan. 545, 548, 549 , 135 Pac. 682 ; Tretbar v. Aged Ministers Home, 180 Kan. 18, 21 , 299 P.2d 58 .)" In ruling upon whether a future interest violates the rule against perpetuities, speculation concerning the probabilities of various subsequent developments is not indulged in by the courts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bunting v. Speek
green
2 sentences1965(Gray, The Rule Against Perpetuities, 4th ed., § 202, p. 192.) In Bunting v. Speek, 41 Kan. 424 , 21 Pac. 288 , this court set out the rule that no remainder will be construed to be contingent which may, consistently with the words used and the intention expressed, be deemed vested. 1965(Gray, The Rule Against Perpetuities, 4th ed., § 202, p. 192.) In Bunting v. Speek, 41 Kan. 424 , 21 Pac. 288 , this court set out the rule that no remainder will be construed to be contingent which may, consistently with the words used and the intention expressed, be deemed vested. | 2 | 1957–1965 |
State v. Harlin
green
2 sentences1999Ed. 2d 535 , 103 S. Ct. 673 ] (1983).” In State v. Harlin, 260 Kan. 881 , 925 P.2d 1149 (1996), this court set out the rule which applies to the present case. 1999Ed. 2d 535 , 103 S. Ct. 673 ] (1983).” In State v. Harlin, 260 Kan. 881 , 925 P.2d 1149 (1996), this court set out the rule which applies to the present case. | 1 | 1999–1999 |
Missouri v. Hunter
green
1 sentence1999Ed. 2d 535 , 103 S. Ct. 673 ] (1983).” In State v. Harlin, 260 Kan. 881 , 925 P.2d 1149 (1996), this court set out the rule which applies to the present case. | 1 | 1999–1999 |
State v. Weaver
green
2 sentences1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to 1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to | 1 | 1997–1997 |
Terry v. Ohio
green
2 sentences1997Therefore, to stop a moving vehicle an officer must have articulable facts sufficient to constitute reasonable suspicion under K.S.A. 22-2402 and Terry [v. Ohio, 392 U.S. 1 , 20 L. 1997Therefore, to stop a moving vehicle an officer must have articulable facts sufficient to constitute reasonable suspicion under K.S.A. 22-2402 and Terry [v. Ohio, 392 U.S. 1 , 20 L. | 1 | 1997–1997 |
State v. Field
green
2 sentences1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to 1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to | 1 | 1997–1997 |
State v. McKeown
green
2 sentences1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to 1997In State v. Field, 252 Kan. 657, 664-65 , 847 P.2d 1280 (1993), the court set out the standard of review applicable to this issue: “[T]he determination of whether an officer has reasonable suspicion to stop a vehicle is a question of law, or in some cases a mixed question of law and fact, for the appellate court to determine under die totality of the facts and circumstances.” Hadley cites K.S.A. 22-2402(1), which provides: ‘Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to | 1 | 1997–1997 |
Duffner v. Alberty
green
1 sentence1996Phoenix Orthopaedic Surgeons v. Peairs, 164 Ariz. 54, 59 , 790 P.2d 752 (Ct. App. 1989); Duffner v. Alberty, 19 Ark. | 1 | 1996–1996 |
Phoenix Orthopaedic Surgeons, Ltd. v. Peairs
green
2 sentences1996Phoenix Orthopaedic Surgeons v. Peairs, 164 Ariz. 54, 59 , 790 P.2d 752 (Ct. App. 1989); Duffner v. Alberty, 19 Ark. 1996Phoenix Orthopaedic Surgeons v. Peairs, 164 Ariz. 54, 59 , 790 P.2d 752 (Ct. App. 1989); Duffner v. Alberty, 19 Ark. | 1 | 1996–1996 |
H & R BLOCK, INC. v. Lovelace
green
1 sentence1996In H & R Block, 208 Kan. at 544 , this court set out factors which are considered in evaluating the reasonableness of noncompetition covenants contained in employment contracts, stating: “Although there is no rigid, absolute norm by which the reasonableness of a covenant against competition may be determined, rules evolving generally . . . are to the effect that the rights of the promisee, the promisor and the general public are to be taken into account; area and time limitations must be reasonable under the facts and circumstances of the particular case [citations omitted].” Other jurisdictio | 1 | 1996–1996 |
Lee v. City of Fort Scott
neutral
1 sentence1987In Lee v. City of Fort Scott, 238 Kan. 421 , Syl. ¶ 1, 710 P.2d *293 689 (1985), this court set out the test for establishing gross and wanton negligence: “Proof of a willingness to injure is not necessary in establishing gross and wanton negligence. | 1 | 1987–1987 |
Schraft v. Leis
green
2 sentences1985K.S.A. 60-259(a) lists five grounds for a new trial, including, “newly discovered evidence material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.“ In Schraft v. Leis, 236 Kan. 28 , 686 P.2d 865 (1984), this court set out the rule for reviewing the trial court’s decision of refusing to grant a new trial based on newly discovered evidence: “The granting or denial of a new trial on grounds of surprise or newly discovered evidence is discretionary on the part of the trial court, and will not be reversed unless a clear abuse of dis 1985K.S.A. 60-259(a) lists five grounds for a new trial, including, “newly discovered evidence material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.“ In Schraft v. Leis, 236 Kan. 28 , 686 P.2d 865 (1984), this court set out the rule for reviewing the trial court’s decision of refusing to grant a new trial based on newly discovered evidence: “The granting or denial of a new trial on grounds of surprise or newly discovered evidence is discretionary on the part of the trial court, and will not be reversed unless a clear abuse of dis | 1 | 1985–1985 |
Tretbar v. Aged Ministers Home
neutral
2 sentences1965Courts are inclined toward a construction favorable to the early vesting of an estate so as not to defeat the intent of the testator but there must necessarily be a vesting within the limits of the rule against perpetuities. ( Klingman v. Gilbert, 90 Kan. 545, 548, 549 , 135 Pac. 682 ; Tretbar v. Aged Ministers Home, 180 Kan. 18, 21 , 299 P.2d 58 .)" In ruling upon whether a future interest violates the rule against perpetuities, speculation concerning the probabilities of various subsequent developments is not indulged in by the courts. 1965Courts are inclined toward a construction favorable to the early vesting of an estate so as not to defeat the intent of the testator but there must necessarily be a vesting within the limits of the rule against perpetuities. ( Klingman v. Gilbert, 90 Kan. 545, 548, 549 , 135 Pac. 682 ; Tretbar v. Aged Ministers Home, 180 Kan. 18, 21 , 299 P.2d 58 .)" In ruling upon whether a future interest violates the rule against perpetuities, speculation concerning the probabilities of various subsequent developments is not indulged in by the courts. | 1 | 1965–1965 |
Fenn v. Kansas Gas & Electric Co.
green
2 sentences1937(See Converse v. Wichita Gas Co., 132 Kan. 291 , 295 Pac. 635 .) In Fenn v. Kansas Gas & Electric Co., 118 Kan. 131 , 234 Pac. 77 , this court set out the rule to be followed as a test for setting aside inadequate or excessive verdicts. 1937(See Converse v. Wichita Gas Co., 132 Kan. 291 , 295 Pac. 635 .) In Fenn v. Kansas Gas & Electric Co., 118 Kan. 131 , 234 Pac. 77 , this court set out the rule to be followed as a test for setting aside inadequate or excessive verdicts. | 1 | 1937–1937 |
Converse v. Wichita Gas Co.
neutral
2 sentences1937(See Converse v. Wichita Gas Co., 132 Kan. 291 , 295 Pac. 635 .) In Fenn v. Kansas Gas & Electric Co., 118 Kan. 131 , 234 Pac. 77 , this court set out the rule to be followed as a test for setting aside inadequate or excessive verdicts. 1937(See Converse v. Wichita Gas Co., 132 Kan. 291 , 295 Pac. 635 .) In Fenn v. Kansas Gas & Electric Co., 118 Kan. 131 , 234 Pac. 77 , this court set out the rule to be followed as a test for setting aside inadequate or excessive verdicts. | 1 | 1937–1937 |
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.