Dunn factors (Kansas) · Go Syfert
← Kansas issues

Dunn factors in Kansas

8 Kansas opinions name it 2 courts 1988–2017 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 (7)

CaseFollowedCited
State v. Sitlingtongreen
kan · 2010 · cited in 2 Kansas opinions naming this issue, 2016–2016
2 sentences

2016State v. Sitlington, 291 Kan. 458 , Syl. ¶ 7, 241 P.3d 1003 (2010) ("The determination of credibility of the victim is solely within the province of the factfinder, and the factfinder's determination is not to be set aside unless the witness' testimony is so incredible and improbable as to defy belief.").

2016State v. Sitlington, 291 Kan. 458 , Syl. ¶ 7, 241 P.3d 1003 (2010) ("The determination of credibility of the victim is solely within the province of the factfinder, and the factfinder's determination is not to be set aside unless the witness' testimony is so incredible and improbable as to defy belief.").

22
United States v. Perea-Reygreen
ca9 · 2012 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015Ed. 2d 495 (2013); United States v. Perea-Rey, 680 F.3d 1179, 1186 (9th Cir. 2012) (once carport was identified as part of curti-lage under the Dunn factors, it was unnecessary to consider whether defendant had reasonable expectation of privacy in carport).

2015Ed. 2d 495 (2013); United States v. Perea-Rey, 680 F.3d 1179, 1186 (9th Cir. 2012) (once carport was identified as part of curti-lage under the Dunn factors, it was unnecessary to consider whether defendant had reasonable expectation of privacy in carport).

11
United States v. Chris Bausbygreen
ca8 · 2013 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Harris v. O'Hare, 770 F.3d 224, 240-41 (2d Cir. 2014), as amended (November 24, 2014); United States v. Bausby, 720 F.3d 652, 656 (8th Cir. 2013).

2015See, e.g., Harris v. O'Hare, 770 F.3d 224, 240-41 (2d Cir. 2014), as amended (November 24, 2014); United States v. Bausby, 720 F.3d 652, 656 (8th Cir. 2013).

11
Harris v. O'Haregreen
ca2 · 2014 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Harris v. O'Hare, 770 F.3d 224, 240-41 (2d Cir. 2014), as amended (November 24, 2014); United States v. Bausby, 720 F.3d 652, 656 (8th Cir. 2013).

2015See, e.g., Harris v. O'Hare, 770 F.3d 224, 240-41 (2d Cir. 2014), as amended (November 24, 2014); United States v. Bausby, 720 F.3d 652, 656 (8th Cir. 2013).

11
cluster 584150green
· 1992 · cited in 1 Kansas opinions naming this issue, 2008–2008
2 sentences

2008See United States v. Acosta, 965 F.2d 1248, 1256 (3d Cir.1992) (noting that although the Dunn factors apply to extent-of-curtilage questions in urban areas, certain factors may be less determinative in a city setting because of the physical differences in the properties, citing Horton v. United States, 541 A.2d 604 (D.C.1988) [determination will necessarily center on use made of area since fencing will be less significant than in rural area and it may be impossible to shield the area from observation]).

2008See United States v. Acosta, 965 F.2d 1248, 1256 (3d Cir.1992) (noting that although the Dunn factors apply to extent-of-curtilage questions in urban areas, certain factors may be less determinative in a city setting because of the physical differences in the properties, citing Horton v. United States, 541 A.2d 604 (D.C.1988) [determination will necessarily center on use made of area since fencing will be less significant than in rural area and it may be impossible to shield the area from observation]).

11
United States v. Noel C. Jenkins (96-5338) Linda L. Jenkins (96-5346)green
ca6 · 1997 · cited in 1 Kansas opinions naming this issue, 2008–2008
2 sentences

2008In Fisher , the court held that an enclosure was created when the area in question was part of the yard, which was surrounded by a highway and a barbed wire fence, citing a Sixth Circuit Court of Appeals case that found significant the fact that the house and yard were within the same fenced area. 283 Kan. at 289 , 154 P.3d 455 ; see United States v. Jenkins, 124 F.3d 768, 773 (6th Cir.1997).

2008In Fisher , the court held that an enclosure was created when the area in question was part of the yard, which was surrounded by a highway and a barbed wire fence, citing a Sixth Circuit Court of Appeals case that found significant the fact that the house and yard were within the same fenced area. 283 Kan. at 289 , 154 P.3d 455 ; see United States v. Jenkins, 124 F.3d 768, 773 (6th Cir.1997).

11
Horton v. United Statesgreen
dc · 1988 · cited in 1 Kansas opinions naming this issue, 2008–2008
2 sentences

2008See United States v. Acosta, 965 F.2d 1248, 1256 (3d Cir.1992) (noting that although the Dunn factors apply to extent-of-curtilage questions in urban areas, certain factors may be less determinative in a city setting because of the physical differences in the properties, citing Horton v. United States, 541 A.2d 604 (D.C.1988) [determination will necessarily center on use made of area since fencing will be less significant than in rural area and it may be impossible to shield the area from observation]).

2008See United States v. Acosta, 965 F.2d 1248, 1256 (3d Cir.1992) (noting that although the Dunn factors apply to extent-of-curtilage questions in urban areas, certain factors may be less determinative in a city setting because of the physical differences in the properties, citing Horton v. United States, 541 A.2d 604 (D.C.1988) [determination will necessarily center on use made of area since fencing will be less significant than in rural area and it may be impossible to shield the area from observation]).

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 (4)

CaseCitedYears
State v. Dunn green
kan · 2016
2 sentences

2017The next step in the Dunn analysis is a "harmlessness inquiry under K.S.A. 2015 Supp. 60-261 and K.S.A. 60-2105," to "examine whether the defect affected [Rodriguez'] substantial rights." 304 Kan. at 821 .

2017The next step in the Dunn analysis is a "harmlessness inquiry under K.S.A. 2015 Supp. 60-261 and K.S.A. 60-2105," to "examine whether the defect affected [Rodriguez'] substantial rights." 304 Kan. at 821 .

22017–2017
State v. Fisher green
kan · 2007
2 sentences

2008In Fisher , the court held that an enclosure was created when the area in question was part of the yard, which was surrounded by a highway and a barbed wire fence, citing a Sixth Circuit Court of Appeals case that found significant the fact that the house and yard were within the same fenced area. 283 Kan. at 289 , 154 P.3d 455 ; see United States v. Jenkins, 124 F.3d 768, 773 (6th Cir.1997).

2008In Fisher , the court held that an enclosure was created when the area in question was part of the yard, which was surrounded by a highway and a barbed wire fence, citing a Sixth Circuit Court of Appeals case that found significant the fact that the house and yard were within the same fenced area. 283 Kan. at 289 , 154 P.3d 455 ; see United States v. Jenkins, 124 F.3d 768, 773 (6th Cir.1997).

12008–2008
United States v. Robert Elzay Depew green
ca9 · 1993
2 sentences

2007We next apply the Dunn factors: (1) Proximity of the area claimed to be curtilage to the home: We agree that "[t]here is not any fixed distance at which curtilage ends." United States v. Depew, 8 F.3d 1424 (9th Cir.1993).

2007We next apply the Dunn factors: (1) Proximity of the area claimed to be curtilage to the home: We agree that "[t]here is not any fixed distance at which curtilage ends." United States v. Depew, 8 F.3d 1424 (9th Cir.1993).

12007–2007
Strickland v. Washington green
scotus · 1984
2 sentences

1988The standard for determining ineffective assistance of counsel, stated by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 80 L.

1988The standard for determining ineffective assistance of counsel, stated by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 80 L.

11988–1988

Statutes the citing opinions construe

KS § K.S.A. § 22-3201 (4) KS § K.S.A. § 22-3502 (4) KS § K.S.A. § 60-2105 (4) KS § K.S.A. § 60-261 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 28 (1996–2024) CA 18 (1980–2025) PA 14 (1975–2025) OH 13 (1985–2022) WI 12 (1990–2024) IL 10 (1981–2020) GA 9 (1986–2016) WA 9 (1988–2021) TN 8 (2005–2025) KS 8 (1988–2017) FL 7 (1994–2018) WV 7 (2011–2025) MI 7 (1972–2017) MA 6 (2009–2020) AL 6 (1963–2009) IN 6 (1979–2020) VA 6 (1990–2021) DC 5 (1992–2009) MN 5 (2016–2024) NJ 5 (1970–2025) UT 4 (1993–2020) CT 4 (1985–2017) SC 4 (2015–2017) NY 4 (2012–2014) DE 3 (2004–2015) ND 3 (2010–2015) ID 3 (2001–2026) NC 3 (2011–2016) VT 2 (1998–2019) KY 2 (2016–2022) MD 2 (1965–2014) IA 2 (2010–2019) ME 2 (1992–1997)

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.

← Caselaw search · G Cite Topics · Brief Check