view violation in Kansas

9 Kansas opinions name it 2 courts 1907–2022 1 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)

Case	Followed	Cited
State v. Cartergreen kan · 2004 · cited in 1 Kansas opinions naming this issue, 2022–2022 2 sentences 2022See State v. Carter, 278 Kan. 74, 80 , 91 P.3d 1162 (2004) ("'No rule governing oral argument is more fundamental than that requiring counsel to confine remarks to matters in evidence.'"). 2022See State v. Carter, 278 Kan. 74, 80 , 91 P.3d 1162 (2004) ("'No rule governing oral argument is more fundamental than that requiring counsel to confine remarks to matters in evidence.'").	1	1
People v. Villanuevagreen coloctapp · 2016 · cited in 1 Kansas opinions naming this issue, 2019–2019 2 sentences 2019Cf. People v. Villanueva, 374 P.3d 535, 539 (Colo. App. 2016) (holding in light of intervening authority in West, district court erred in analyzing conflict of interest claims, remanding for findings on each part of the West standard). 2019Cf. People v. Villanueva , 374 P.3d 535 , 539 (Colo. App. 2016) (holding in light of intervening authority in West , district court erred in analyzing conflict of interest claims, remanding for findings on each part of the West standard).	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 (15)

Case	Cited	Years
Farr v. Mid-Continent Lead & Zinc Co. green kan · 1940 2 sentences 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute. 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute.	2	1941–1946
Jennings v. Aylward Production Co. green kan · 1940 2 sentences 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute. 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute.	2	1941–1946
Yehle v. Stamey-Tidd Construction Co. neutral kan · 1939 2 sentences 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute. 1946(See Yehle v. Stamey-Tidd Const. Co., 150 Kan. 440 , 94 P. 2d 328 ; Farr v. Mid-Continent Lead & Zinc Co., 151 Kan. 51 , 98 P. 2d 437 ; Jennings v. Aylward Production Co., 151 Kan. 142 , 98 P. 2d 454 , and cases cited in those opinions.) The view that the hearing and modification,must be before final payment is made, conforms to the statute.	2	1941–1946
Garcia v. Estate of Arribas green ksd · 2005 1 sentence 2014Additionally, Bright reflects a narrow view of the immunity granted employers under that statute, stating, ‘If the tortfeasor is not the plaintiffs employer or co-employee, the statutes by necessaiy implication reserve for plaintiff his tortious remedy against defendant,’ and, ‘[T]he immunity granted by the workers’ compensation act is personal and does not purport to grant derivative immunity to general employers in the position of [LSI].’ [Citations omitted.]” 363 F. Supp. 2d at 1318 .	1	2014–2014
Montoya v. Travelers Insurance neutral nm · 1978 2 sentences 1989Conclusion 5 suggests that the clause is ambiguous because it is unclear whether the workmen's compensation proviso applies to both subclauses (a) and (b) or only to subclause (b), and should therefore be interpreted liberally to apply to both (a) and (b) since its purpose is to prevent double recovery by the insured, and not to deprive the insured from recovering under the policy when the charges for medical expenses are not covered by workmen's compensation." 91 N.M. at 668 . 735 The court then pointed to cases which have found similar language to exclude coverage whenever the insured suffe 1989*Conclusion 5 suggests that the clause is ambiguous because it is unclear whether the workmen’s compensation proviso applies to both subclauses (a) and (b) or only to subclause (b), and should therefore be interpreted liberally to apply to both (a) and (b) since its purpose is to prevent double recovery by the insured, and not to deprive the insured from recovering under the policy when the charges for medical expenses are not covered by workmen’s compensation.” 91 N.M. at 668 .	1	1989–1989
United States v. Lanza green scotus · 1922 2 sentences 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 . 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 .	1	1981–1981
Bartkus v. Illinois green scotus · 1959 2 sentences 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 . 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 .	1	1981–1981
Waller v. Florida green scotus · 1970 2 sentences 1981The Supreme Court of the 130 United States has, of course, now held this view in violation of the federal Constitution, Waller v. Florida, 1970, 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , reh. den. 398 U.S. 914 , 90 S.Ct. 1684 , 26 L.Ed.2d 79 , but the same rule has been commonly applied to prosecutions by two states, or by one state and the federal government, and neither the constitutional nor common law guarantees against double jeopardy have yet been held to apply in such cases. 1981The Supreme Court of the 130 United States has, of course, now held this view in violation of the federal Constitution, Waller v. Florida, 1970, 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , reh. den. 398 U.S. 914 , 90 S.Ct. 1684 , 26 L.Ed.2d 79 , but the same rule has been commonly applied to prosecutions by two states, or by one state and the federal government, and neither the constitutional nor common law guarantees against double jeopardy have yet been held to apply in such cases.	1	1981–1981
Bohn v. United States green scotus · 1959 2 sentences 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 . 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 .	1	1981–1981
Allen v. Columbia Gas System, Inc. green scotus · 1959 1 sentence 1981Bartkus v. Illinois, 1959, 359 U.S. 121 , 79 S.Ct. 676 , 3 L.Ed.2d 684 , reh. denied 360 U.S. 907 , 79 S.Ct. 1283 , 3 L.Ed.2d 1258 ; United States v. Lanza, 1922, 260 U.S. 377 , 43 S.Ct. 141 .	1	1981–1981
O'Bryan v. Battisti green scotus · 1970 1 sentence 1981The Supreme Court of the *130 United States has, of course, now held this view in violation of the federal Constitution, Waller v. Florida, 1970, 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , reh. den. 398 U.S. 914 , 90 S.Ct. 1684 , 26 L.Ed.2d 79 , but the same rule has been commonly applied to prosecutions by two states, or by one state and the federal government, and neither the constitutional nor common law guarantees against double jeopardy have yet been held to apply in such cases.	1	1981–1981
Ruderer v. United States green scotus · 1970 1 sentence 1981The Supreme Court of the *130 United States has, of course, now held this view in violation of the federal Constitution, Waller v. Florida, 1970, 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , reh. den. 398 U.S. 914 , 90 S.Ct. 1684 , 26 L.Ed.2d 79 , but the same rule has been commonly applied to prosecutions by two states, or by one state and the federal government, and neither the constitutional nor common law guarantees against double jeopardy have yet been held to apply in such cases.	1	1981–1981
Byrne v. P. B. I. C., Inc. green scotus · 1970 1 sentence 1981The Supreme Court of the *130 United States has, of course, now held this view in violation of the federal Constitution, Waller v. Florida, 1970, 397 U.S. 387 , 90 S.Ct. 1184 , 25 L.Ed.2d 435 , reh. den. 398 U.S. 914 , 90 S.Ct. 1684 , 26 L.Ed.2d 79 , but the same rule has been commonly applied to prosecutions by two states, or by one state and the federal government, and neither the constitutional nor common law guarantees against double jeopardy have yet been held to apply in such cases.	1	1981–1981
Ewins v. Washington National Insurance neutral mich · 1940 2 sentences 1951Co., 295 Mich. 602 , 295 N. W. 329 , as sustaining the view that the clause in question is a limitation as distinct from an exception. 1951Co., 295 Mich. 602 , 295 N. W. 329 , as sustaining the view that the clause in question is a limitation as distinct from an exception.	1	1951–1951
Birmingham Railway & Electric Co. v. Allen green · 1892 1 sentence 1907A. 68, the leading case in favor of the view that the defense is not available, and Birmingham Railway & Electric Co. v. Allen, 99 Ala. 359 , 13 South. 8 , 20 L.	1	1907–1907

Where else courts name it

CA 105 (1894–2025) NY 73 (1886–2014) NJ 54 (1918–2026) PA 51 (1898–2024) TX 43 (1909–2023) IL 35 (1897–2026) FL 33 (1939–2018) MO 26 (1876–2001) OR 25 (1884–2025) WA 25 (1910–2018) MD 22 (1932–2020) IA 21 (1874–2024) SC 21 (1884–2013) MA 20 (1929–2025) OH 19 (1898–2021) NC 18 (1891–2024) AL 17 (1905–2012) MI 16 (1915–2024) OK 14 (1895–2021) WY 14 (1907–2022) CO 13 (1887–2016) IN 13 (1888–2013) KY 13 (1913–2025) LA 13 (1880–2017) MN 12 (1919–2008) UT 12 (1903–2025) AZ 12 (1952–2005) SD 11 (1914–2010) DC 11 (1991–2025) VA 10 (1906–2010) CT 10 (1989–2021) HI 10 (1901–2015) MS 10 (1893–2001) AK 9 (1969–2014) KS 9 (1907–2022) WI 9 (1930–2026) TN 9 (1917–2024) AR 8 (1915–2020) GA 7 (1854–1992) NM 6 (1939–2013) ID 6 (1911–2015) WV 5 (1912–1994) RI 5 (1961–1995) ME 4 (1905–2017) NV 4 (1967–1995) NE 4 (1896–1979) MT 4 (1905–2017) VT 3 (1896–1998) NH 3 (1965–2007) DE 3 (1924–1996) VI 2 (2017–2026) ND 2 (1966–1972)

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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