preponderance standard (Kansas) · Go Syfert
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preponderance standard in Kansas

8 Kansas opinions name it 2 courts 1977–2022 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 (1)

CaseFollowedCited
In the Interest of B.D.-Y.green
kan · 2008 · cited in 1 Kansas opinions naming this issue, 2010–2010
1 sentence

2010See 286 Kan. 686 , Syl. ¶ 2.

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 (11)

CaseCitedYears
Taylor v. Commissioner of Mental Health & Mental Retardation green
me · 1984
2 sentences

2008The Homer court, like this court in Ortega , had held that the clear and convincing evidence standard “does not identify a level of proof higher than proof by a preponderance, but rather denotes the better quality of evidence that is required to satisfy the preponderance standard.” (Emphasis added.) Taylor, 481 A.2d at 153 .

2008The Horner court, like this court in Ortega , had held that the clear and convincing evidence standard "does not identify a level of proof higher than proof by a preponderance, but rather denotes the better quality of evidence that is required to satisfy the preponderance standard." (Emphasis added.) Taylor, 481 A.2d at 153 .

22008–2008
Addington v. Texas green
scotus · 1979
2 sentences

2008The Taylor court began its analysis by echoing the United States Supreme Court in Addington, 441 U.S. at 423 , concerning the function of a standard of proof: “[A] standard of proof serves to allocate the risk of error [between the litigants] and to instruct the factfinder as to the degree of confidence society expects for a particular decision.

2008The Taylor court began its analysis by echoing the United States Supreme Court in Addington, 441 U.S. at 423 , 99 S.Ct. 1804 , concerning the function of a standard of proof: "[A] standard of proof serves to allocate the risk of error [between the litigants] and to instruct the factfinder as to the degree of confidence society expects for a particular decision.

22008–2008
Lego v. Twomey green
scotus · 1972
2 sentences

1990Lego v. Twomey, 404 U.S. 477 , 92 S. Ct. 619 , 30 L.

1990Lego v. Twomey, 404 U.S. 477 , 92 S. Ct. 619 , 30 L.

21977–1990
Nelson, Administrator v. Dague green
kan · 1965
2 sentences

2022The discussion in Wilkinson v. Cummings, 194 Kan. 609, 611-12 , 400 P.2d 729 (1965), and Nelson v. Dague, 194 Kan. 195, 198-99 , 398 P.2d 268 (1965), among other cases, is of the same tenor.

2022The discussion in Wilkinson v. Cummings, 194 Kan. 609, 611-12 , 400 P.2d 729 (1965), and Nelson v. Dague, 194 Kan. 195, 198-99 , 398 P.2d 268 (1965), among other cases, is of the same tenor.

12022–2022
Wilkinson v. Cummings green
kan · 1965
2 sentences

2022The discussion in Wilkinson v. Cummings, 194 Kan. 609, 611-12 , 400 P.2d 729 (1965), and Nelson v. Dague, 194 Kan. 195, 198-99 , 398 P.2d 268 (1965), among other cases, is of the same tenor.

2022The discussion in Wilkinson v. Cummings, 194 Kan. 609, 611-12 , 400 P.2d 729 (1965), and Nelson v. Dague, 194 Kan. 195, 198-99 , 398 P.2d 268 (1965), among other cases, is of the same tenor.

12022–2022
Estate of Stephens green
cal · 2002
2 sentences

2017Estate of Stephens, 28 Cal. 4th at 678 n.7.

2017Estate of Stephens, 28 Cal. 4th at 678 n.7.

12017–2017
In Re WINSHIP green
scotus · 1970
2 sentences

2001The Court held that such an instruction would relieve the State of its burden and plainly run afoul of the mandate in In re Winship, 397 U.S. 358, 364 , 25 L.

2001The Court held that such an instruction would relieve the State of its burden and plainly run afoul of the mandate in In re Winship, 397 U.S. 358, 364 , 25 L.

12001–2001
In re Japanese Electronic Products Antitrust Litigation green
ca3 · 1983
1 sentence

1990E.g., United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977) (proof of conspiracy as precondition for admitting statement of co-conspirator); In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983) (foundation for business records exception).” 745 P.2d at 1016 n. 10.

11990–1990
United States v. Ralph Petrozziello green
ca1 · 1977
1 sentence

1990E.g., United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977) (proof of conspiracy as precondition for admitting statement of co-conspirator); In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983) (foundation for business records exception).” 745 P.2d at 1016 n. 10.

11990–1990
People v. Romero green
colo · 1987
1 sentence

1990E.g., United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977) (proof of conspiracy as precondition for admitting statement of co-conspirator); In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983) (foundation for business records exception).” 745 P.2d at 1016 n. 10.

11990–1990
State v. Stephenson green
kan · 1975
2 sentences

1977(See State v. Stephenson, 217 Kan. 169 , 535 P.2d 940 , and Lego v. *144 Twomey, 404 U.S. 477 , 30 L.Ed.2d 618 , 92 S.Ct. 619 , for the test as to evidence necessary to establish the voluntariness of a confession.) There is evidence to uphold the trial court's finding that consent was freely given.

1977(See State v. Stephenson, 217 Kan. 169 , 535 P.2d 940 , and Lego v. *144 Twomey, 404 U.S. 477 , 30 L.Ed.2d 618 , 92 S.Ct. 619 , for the test as to evidence necessary to establish the voluntariness of a confession.) There is evidence to uphold the trial court's finding that consent was freely given.

11977–1977

Statutes the citing opinions construe

KS § K.S.A. § 60-460 (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

TX 409 (1972–2026) CA 122 (1921–2026) IA 99 (1980–2025) WA 95 (1971–2026) IL 88 (1939–2026) PA 62 (1975–2024) LA 49 (1977–2024) DC 42 (1970–2025) MD 41 (1964–2025) NJ 39 (1982–2026) OR 38 (1960–2024) NY 37 (1975–2026) CO 37 (1961–2026) AZ 22 (1981–2025) MA 21 (1978–2026) VT 21 (1983–2023) OH 20 (1984–2026) FL 20 (1962–2023) VA 17 (1975–2025) MI 16 (1974–2026) KY 16 (1992–2024) IN 16 (1975–2024) CT 15 (1978–2019) GA 14 (1949–2025) AK 14 (1981–2025) NV 13 (1987–2025) UT 13 (1991–2025) WI 12 (1981–2025) ME 11 (1984–2024) MN 10 (1985–2024) DE 10 (1982–2024) TN 10 (2000–2025) HI 10 (1981–2026) ND 8 (1981–2020) KS 8 (1977–2022) WV 7 (1982–2022) NH 7 (1977–2024) ID 7 (1996–2026) SD 7 (1987–2015) OK 6 (1980–2005) MO 6 (2000–2023) MS 6 (1988–2013) AR 5 (1974–2017) NC 5 (1982–2024) WY 5 (1987–2004) MT 4 (1979–2010) SC 3 (1996–2023) NM 2 (2000–2021) VI 2 (2013–2013) NE 2 (1948–2016)

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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