imprisonment claim (Kansas) · Go Syfert
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imprisonment claim in Kansas

8 Kansas opinions name it 3 courts 1993–2022 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 (3)

CaseFollowedCited
Brown v. Stategreen
kan · 1996 · cited in 1 Kansas opinions naming this issue, 2017–2017
2 sentences

2017See Brown v. State, 261 Kan. 6, 9 , 927 P.2d 938 (1996) (Kansas courts use terms "'false arrest'" and "'false imprisonment'" to refer to intentional tort in which one person physically restrains another person's liberty without lawful justification).

2017See Brown v. State, 261 Kan. 6, 9 , 927 P.2d 938 (1996) (Kansas courts use terms "'false arrest'" and "'false imprisonment'" to refer to intentional tort in which one person physically restrains another person's liberty without lawful justification).

11
Shayesteh v. City of South Salt Lakegreen
ca10 · 2000 · cited in 1 Kansas opinions naming this issue, 2001–2001
1 sentence

2001However, another 10th Circuit case decided July 6, 2000, relied on Reilley , and held: “In this Circuit, the Supreme Court’s requirement a defendant be sentenced to imprisonment before a constitutional right to counsel attaches is satisfied by the imposition of a suspended sentence or probation.” Shayesteh v. City of South Salt Lake, 217 F.3d 1281, 1284 (10th Cir. 2000).

11
State v. Babcockgreen
kan · 1979 · cited in 1 Kansas opinions naming this issue, 1993–1993
1 sentence

1993See State v. Babcock , 226 Kan. 356 (1979).

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. Delacruz green
kan · 1995
2 sentences

2010In State v. Delacruz, 258 Kan. 129 , 899 P.2d 1042 (1995), the Kansas Supreme Court embraced the actual imprisonment rule for uncounseled misdemeanors used to establish a defendant’s criminal history under the KSGA.

2010In State v. Delacruz, 258 Kan. 129 , 899 P.2d 1042 (1995), the Kansas Supreme Court embraced the actual imprisonment rule for uncounseled misdemeanors used to establish a defendant’s criminal history under the KSGA.

22009–2010
Heck v. Humphrey green
scotus · 1994
2 sentences

2022We also find that the district court's dismissal of Miles' petition is consistent with the United States Supreme Court's decision in Heck v. Humphrey, 512 U.S. 477 , 114 S. 4 Ct. 2364, 129 L.

2022We also find that the district court's dismissal of Miles' petition is consistent with the United States Supreme Court's decision in Heck v. Humphrey, 512 U.S. 477 , 114 S. 4 Ct. 2364, 129 L.

12022–2022
Andrews v. Florida Parole Com'n green
fladistctapp · 2000
1 sentence

2006“With regard to DOC, even if the warrants upon which Andrews had been arrested were issued improperly by the Commission based upon a mistake as to the facts or the law, the trial court correctly dismissed the false imprisonment claim against DOC, because DOC was entitled to accept the warrants as lawful, as they were regular on their face and issued by a legal body having authority to issue warrants. [Citation omitted.]” 768 So. 2d at 1263 .

12006–2006
State v. Meredith green
kan · 1985
2 sentences

1994The Court of Appeals applied our rationale in State v. Meredith, 236 Kan. 866 , 696 P.2d 403 (1985), that time spent in an alcohol treatment program when the individual is not in custody or control of law enforcement officials does not satisfy the imprisonment requirement and determined work release did not qualify as imprisonment.

1994The Court of Appeals applied our rationale in State v. Meredith, 236 Kan. 866 , 696 P.2d 403 (1985), that time spent in an alcohol treatment program when the individual is not in custody or control of law enforcement officials does not satisfy the imprisonment requirement and determined work release did not qualify as imprisonment.

11994–1994

Statutes the citing opinions construe

KS § K.S.A. § 12-4405 (3) KS § K.S.A. § 21-4711 (3) KS § K.S.A. § 21-4715 (3)

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

OH 23 (1988–2016) TX 22 (1982–2024) GA 19 (1891–2020) IL 14 (1991–2024) NY 12 (1977–2024) MI 12 (1978–2021) CA 11 (2012–2025) FL 11 (1983–2025) KS 8 (1993–2022) AL 8 (1924–1998) MO 7 (1988–2021) MD 7 (1995–2016) MA 5 (1996–2020) NC 4 (1998–2023) NH 4 (2008–2011) MT 4 (2001–2018) NJ 3 (1982–2021) CO 3 (2010–2026) NM 3 (1982–2024) SC 3 (2004–2025) OR 3 (2001–2011) MS 3 (2006–2018) WA 3 (1975–2015) IN 3 (1990–2005) TN 3 (1990–2018) AZ 3 (2003–2023) DC 2 (1996–1997) WI 2 (1990–2023) NE 2 (1998–2001)

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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