appearance hearing (Kansas) · Go Syfert
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appearance hearing in Kansas

8 Kansas opinions name it 1 courts 2011–2019 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.

Followed or applied (6)

CaseFollowedCited
In re Barkergreen
kan · 2015 · cited in 6 Kansas opinions naming this issue, 2015–2019
2 sentences

2019We have previously held: "Certainly, the lack of an appearance at a hearing before this court qualifies as an additional aggravator." In re Barker , 302 Kan. 156 , 163, 351 P.3d 1256 (2015) ; see Kansas Supreme Court Rule 212(d) (respondent shall appear in person in disciplinary proceedings before the Supreme Court).

2019We have previously held: "Certainly, the lack of an appearance at a hearing before this court qualifies as an additional aggravator." In re Barker , 302 Kan. 156 , 163, 351 P.3d 1256 (2015) ; see Kansas Supreme Court Rule 212(d) (respondent shall appear in person in disciplinary proceedings before the Supreme Court).

26
In re Battgreen
kan · 2013 · cited in 3 Kansas opinions naming this issue, 2015–2018
2 sentences

2015“Certainly, the lack of an appearance at a hearing before this court qualifies as an additional aggravator.” In re Barker, 302 Kan. 156, 163 , 351 P.3d 1256, 1261 (2015); see In re Batt, 296 Kan. 395 , 294 P.3d 241 (2013).

2015“Certainly, the lack of an appearance at a hearing before this court qualifies as an additional aggravator.” In re Barker, 302 Kan. 156, 163 , 351 P.3d 1256, 1261 (2015); see In re Batt, 296 Kan. 395 , 294 P.3d 241 (2013).

23
Alfred Ronnie Harrell v. Thomas R. Israel, Warden, and Attorney General of the State of Wisconsingreen
ca7 · 1982 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Harrell v. Israel, 672 F.2d 632, 635 (7th Cir.1982) ("Although the shackling of defense witnesses may be less prejudicial to the accused because it does not directly affect the presumption of innocence, . . . nevertheless it may harm his defense by detracting from his witness' credibility."); People v. Froehlig, 1 Cal.App.4th 260, 264 , 1 Cal.Rptr.2d 858 (1991) ("The appearance of a defense witness attired in prison clothes does not, of course, adversely affect the presumption of innocence or carry with it the inference that the defendant is a person disposed to commit crimes. . . .

2011See, e.g., Harrell v. Israel, 672 F.2d 632, 635 (7th Cir. 1982) (“Although the shackling of defense witnesses may be less prejudicial to the accused because it does not directly affect the presumption of innocence, . . . nevertheless it may harm his defense by detracting from his witness’ credibility.”); People v. Froehlig, 1 Cal. App. 4th 260, 264 , 1 Cal. Rptr. 2d 858 (1991) (“The appearance of a defense witness attired in prison clothes does not, of course, adversely affect the presumption of innocence or cariy with it the inference that the defendant is a person disposed to commit crimes.

11
State v. Hartzoggreen
wash · 1981 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

11
Commonwealth v. Browngreen
mass · 1973 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

11
Hightower v. Stategreen
nev · 2007 · cited in 1 Kansas opinions naming this issue, 2011–2011
2 sentences

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

2011The credibility of a defense witness observed by the jury in prison attire may be suspect, but the prejudicial impact upon the defense is considered `less consequential.'"); Commonwealth v. Brown, 364 Mass. 471, 475 , 305 N.E.2d 830 (1974) ("The shackling of a witness . . . may influence a jury's judgment of credibility and further hurt the defendant in so far as the witness is conceived to be associated with him."); Hightower v. State, 123 Nev. 55, 58 , 154 P.3d 639 (2007) ("[R]equiring an incarcerated defense witness to appear in prison clothing may prejudice the accused by undermining the w

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 (1)

CaseCitedYears
People v. Froehlig green
calctapp · 1991
2 sentences

2011See, e.g., Harrell v. Israel, 672 F.2d 632, 635 (7th Cir.1982) ("Although the shackling of defense witnesses may be less prejudicial to the accused because it does not directly affect the presumption of innocence, . . . nevertheless it may harm his defense by detracting from his witness' credibility."); People v. Froehlig, 1 Cal.App.4th 260, 264 , 1 Cal.Rptr.2d 858 (1991) ("The appearance of a defense witness attired in prison clothes does not, of course, adversely affect the presumption of innocence or carry with it the inference that the defendant is a person disposed to commit crimes. . . .

2011See, e.g., Harrell v. Israel, 672 F.2d 632, 635 (7th Cir.1982) ("Although the shackling of defense witnesses may be less prejudicial to the accused because it does not directly affect the presumption of innocence, . . . nevertheless it may harm his defense by detracting from his witness' credibility."); People v. Froehlig, 1 Cal.App.4th 260, 264 , 1 Cal.Rptr.2d 858 (1991) ("The appearance of a defense witness attired in prison clothes does not, of course, adversely affect the presumption of innocence or carry with it the inference that the defendant is a person disposed to commit crimes. . . .

12011–2011

Where else courts name it

CA 34 (1936–2025) TX 28 (1894–2025) MD 18 (1980–2023) WA 15 (1975–2025) NY 10 (1846–2014) OH 10 (2003–2022) MS 10 (1991–2023) MO 10 (1870–2003) GA 10 (1932–2012) IL 9 (1923–2024) PA 9 (1919–2025) KS 8 (2011–2019) NJ 7 (2003–2024) LA 6 (1980–2014) IA 6 (1902–2023) WV 5 (1965–2014) FL 5 (1964–2018) WY 5 (1983–2017) OK 5 (1909–2013) UT 5 (1987–2016) MA 4 (1983–1992) NC 3 (1957–2016) VT 3 (1976–1996) WI 3 (1995–2010) VA 3 (1932–2025) TN 3 (1970–1996) AL 3 (1852–1952) MN 2 (1973–1995) ND 2 (1978–1985) MI 2 (1944–2020) IN 2 (1888–1994) DE 2 (1953–2021) RI 2 (2008–2015) CT 2 (2014–2017) OR 2 (1989–1998)

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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