circumstances surrounding defense (Kansas) · Go Syfert
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circumstances surrounding defense in Kansas

8 Kansas opinions name it 2 courts 1978–2026 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 (2)

CaseFollowedCited
Turner v. Stategreen
kan · 1972 · cited in 2 Kansas opinions naming this issue, 1978–2026
2 sentences

2026But the competence of an attorney "must be gauged by the totality" of the circumstances surrounding the defense, and not by "fragmentary segments thereof in isolation." Turner v. State, 208 Kan. 865, 867-68 , 494 P.2d 1130 (1972); see also Bland v. Hardy, 672 F.3d 445, 450 (7th Cir. 2012) ("[T]he question under Strickland is not whether the lawyer made a mistake, even a serious one; it is whether the lawyer's overall performance was professionally competent.").

2026But the competence of an attorney "must be gauged by the totality" of the circumstances surrounding the defense, and not by "fragmentary segments thereof in isolation." Turner v. State, 208 Kan. 865, 867-68 , 494 P.2d 1130 (1972); see also Bland v. Hardy, 672 F.3d 445, 450 (7th Cir. 2012) ("[T]he question under Strickland is not whether the lawyer made a mistake, even a serious one; it is whether the lawyer's overall performance was professionally competent.").

12
Keith Bland v. Marcus Hardygreen
ca7 · 2012 · cited in 1 Kansas opinions naming this issue, 2026–2026
1 sentence

2026But the competence of an attorney "must be gauged by the totality" of the circumstances surrounding the defense, and not by "fragmentary segments thereof in isolation." Turner v. State, 208 Kan. 865, 867-68 , 494 P.2d 1130 (1972); see also Bland v. Hardy, 672 F.3d 445, 450 (7th Cir. 2012) ("[T]he question under Strickland is not whether the lawyer made a mistake, even a serious one; it is whether the lawyer's overall performance was professionally competent.").

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 (6)

CaseCitedYears
In Re JL green
kanctapp · 1995
2 sentences

2026App. 2d 665, 681 , 891 P.2d 1125 (1995). 15 The panel from In re J.L. identified seven nonexclusive factors the court should use to determine "whether a presumption is a subsection (a) or (b) presumption": "(1) the passage of time between the earlier order of termination and the current proceeding; (2) whether the same children or siblings of those children were involved in the earlier proceeding; (3) whether the father or fathers of the children involved are the same persons involved in the prior proceeding; (4) whether the facts on which the earlier presumption is based bear any resemblance

2006In re J.L. suggested that trial courts, in making that determination, consider the following factors: “(1) the passage of time between the earlier order of termination and the current proceeding; (2) whether the same children or siblings of those children were involved in the earlier proceeding; (3) whether the father or fathers of the children involved are the same persons involved in the prior proceeding; (4) whether the facts on which the earlier presumption is based bear any resemblance to the current factual scenario; (5) whether the circumstances surrounding the presumption are such that

22006–2026
Black v. Romano green
scotus · 1985
2 sentences

2009Walker, 260 Kan. at 808 (citing Black v. Romano, 471 U.S. 606 , 85 L.

1996Ed. 2d 636 , 105 S. Ct. 2254 (1985), for the principle that the conditional liberty interest created by probation cannot be taken away without consideration of the circumstances surrounding a violation of the conditions of probation.

21996–2009
State v. Beaman green
kan · 2012
2 sentences

2026Nonetheless, the Kansas Supreme Court found that "the district court's use of the word 'waiver,' telling Beaman he would be better off with a jury, and the thoughtful exchange between the court and the defendant" showed the "district court communicated that Beaman had a right he would be relinquishing"; and their dialog "confirmed that the judge and defendant were talking about the same thing, i.e., Beaman's right and the abandonment of that right." 295 Kan. at 861 . 10 The parties agree that the right to a jury trial must be waived knowingly and voluntarily, which is determined by the circums

2026Beaman, 295 Kan. at 858 .

12026–2026
In the Interest of J.L. green
kanctapp · 1995
1 sentence

2026App. 2d 665, 681 , 891 P.2d 1125 (1995). 15 The panel from In re J.L. identified seven nonexclusive factors the court should use to determine "whether a presumption is a subsection (a) or (b) presumption": "(1) the passage of time between the earlier order of termination and the current proceeding; (2) whether the same children or siblings of those children were involved in the earlier proceeding; (3) whether the father or fathers of the children involved are the same persons involved in the prior proceeding; (4) whether the facts on which the earlier presumption is based bear any resemblance

12026–2026
State v. Walker green
kan · 1996
1 sentence

2009Walker, 260 Kan. at 808 (citing Black v. Romano, 471 U.S. 606 , 85 L.

12009–2009
State v. Lane green
kan · 1997
1 sentence

2004Further, “there must be a link between coercive activity of the State and the confession. [Citation omitted.]” Lane, 262 Kan. at 386 . *377 Mays does not allege that the police took advantage of his low intellect or poor reading ability to coerce a confession.

12004–2004

Where else courts name it

CA 62 (1944–2026) NM 54 (2001–2026) OH 38 (1993–2025) AR 37 (1986–2025) NY 33 (1903–2024) CT 30 (1958–2017) IL 23 (1969–2025) FL 18 (1933–2025) PA 18 (1912–2025) MA 13 (1994–2020) WY 9 (1996–2026) TN 9 (1993–2014) AL 9 (1987–2018) KS 8 (1978–2026) RI 8 (1987–2019) IA 8 (1984–2022) IN 7 (1998–2019) TX 7 (1979–2022) NJ 5 (1991–2025) SC 4 (1977–2022) WA 4 (1968–2017) SD 3 (1990–2017) WV 3 (1995–2024) WI 3 (2006–2019) VA 3 (1986–2001) AK 3 (1977–2025) LA 2 (1977–2009) MI 2 (2015–2018) GA 2 (1977–1998) NH 2 (1994–2012) AZ 2 (1978–1985) ID 2 (2001–2004) MS 2 (1983–2019)

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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