conflict of interest claim (Kansas) · Go Syfert
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conflict of interest claim in Kansas

8 Kansas opinions name it 2 courts 1979–2020 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
Mickens v. Taylorgreen
scotus · 2002 · cited in 2 Kansas opinions naming this issue, 2015–2019
2 sentences

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

22
State v. Quartez Browngreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2020–2020
1 sentence

2020See 300 Kan. at 576 .

11
State v. Cheathamgreen
kan · 2013 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

11
Sola-Morales v. Stategreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

11
State v. Bogguessgreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2017–2017
1 sentence

2017See Bogguess I, 293 Kan. at 753 -54 (citing State v. Sappington, 285 Kan. 158, 166 , 169 P.3d 1096 [2007] [stating that to warrant the appointment of new trial counsel, a defendant must show justifiable dissatisfaction with appointed counsel]).

11
State v. Sappingtongreen
kan · 2007 · cited in 1 Kansas opinions naming this issue, 2017–2017
2 sentences

2017See Bogguess I, 293 Kan. at 753 -54 (citing State v. Sappington, 285 Kan. 158, 166 , 169 P.3d 1096 [2007] [stating that to warrant the appointment of new trial counsel, a defendant must show justifiable dissatisfaction with appointed counsel]).

2017See Bogguess I, 293 Kan. at 753 -54 (citing State v. Sappington, 285 Kan. 158, 166 , 169 P.3d 1096 [2007] [stating that to warrant the appointment of new trial counsel, a defendant must show justifiable dissatisfaction with appointed counsel]).

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 (5)

CaseCitedYears
State v. Galaviz green
kan · 2012
2 sentences

2019Mickens , 535 U.S. at 176 [ 122 S.Ct. 1237 ] ; 296 Kan. at 184-86 [ 291 P.3d 62 ] ; see State v. Cheatham , 296 Kan. 417 , 449-50, 292 P.3d 318 (2013)." Sola-Morales , 300 Kan. at 883 -84 , 335 P.3d 1162 . *840 With the foregoing in mind, we turn first to the conflict of interest claim.

2013Applying Mickens , our court recently summarized the framework for addressing a conflict of interest claim in State v. Galaviz, 296 Kan. at 183-84 .

22013–2019
State v. Rice green
kan · 1980
1 sentence

2009Furthermore, our decision in Rice explains that even where a defendant demonstrates that an attorney was acting under a conflict of interest in violation of ethical rules, there must be some “showing of prejudice” before that conflict will cause the court to reverse a conviction. 227 Kan. at 422 .

12009–2009
State v. Drach green
kan · 2000
2 sentences

2004State v. Drach, 268 Kan. 636, 643 , 1 P.3d 864 (2000).

2004State v. Drach, 268 Kan. 636, 643 , 1 P.3d 864 (2000).

12004–2004
State v. Leigh green
kan · 1955
2 sentences

1979Plaintiff directs this Court to State v. Leigh, 178 Kan. 549 , 289 P.2d 774 (1955), quoting at 552: “It is the honor of the legal profession that its fidelity to its clients can be depended upon, that a person may safely go to a lawyer and counsel with him upon personal and confidential matters with the absolute assurance that the lawyer’s tongue is tied from ever divulging it, and a strict enforcement of this rule requires that an attorney, on terminating his employment, cannot thereafter act as counsel against his client in the same general matter, even though, while acting for his former cl

1979Plaintiff directs this Court to State v. Leigh, 178 Kan. 549 , 289 P.2d 774 (1955), quoting at 552: “It is the honor of the legal profession that its fidelity to its clients can be depended upon, that a person may safely go to a lawyer and counsel with him upon personal and confidential matters with the absolute assurance that the lawyer’s tongue is tied from ever divulging it, and a strict enforcement of this rule requires that an attorney, on terminating his employment, cannot thereafter act as counsel against his client in the same general matter, even though, while acting for his former cl

11979–1979
Alexander v. Russo green
kanctapp · 1977
1 sentence

1979App. 2d 546, 552 , 571 P.2d 350 , rev. denied September 28, 1977: “ ‘[I]t has been emphasized that the duty of fidelity and good faith imposed upon the attorney in dealing with his client is founded, not on the professional relation per se, but on the influence created by the relation, and that the duty does not always cease immediately on the termination of the relation but continues as long as the influence created by that relationship continues to exist.’ ” We turn to the question whether Phillips’ service as co-counsel to the estate of Alphonse Richard created a conflict of interest in vio

11979–1979

Where else courts name it

PA 51 (1968–2025) CA 47 (1983–2024) IL 31 (1979–2026) CT 16 (1991–2021) IA 15 (1969–2021) FL 15 (1989–2022) GA 13 (1985–2026) LA 12 (1976–2025) MD 9 (1984–2023) NY 9 (1980–2016) AL 9 (1987–2023) OH 8 (1988–2025) TX 8 (1998–2023) KS 8 (1979–2020) IN 8 (2000–2020) CO 8 (2001–2024) NC 7 (1982–2015) UT 7 (1992–2024) OK 7 (1988–2004) AZ 6 (1994–2022) OR 6 (1984–2019) MA 5 (1999–2025) MT 4 (1996–2011) NJ 4 (2015–2021) MI 4 (2002–2015) NV 4 (2016–2018) WI 4 (1996–2019) MN 4 (1987–2017) WA 4 (2001–2017) ID 3 (1994–1999) VT 3 (2010–2019) WY 3 (1991–2019) MS 3 (1998–2004) SD 2 (2014–2023) DC 2 (2000–2011) NE 2 (1998–2004) MO 2 (1991–2018) TN 2 (1957–2024)

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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