Barker balancing test (Kansas) · Go Syfert
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Barker balancing test in Kansas

6 Kansas opinions name it 2 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
Barker v. Wingogreen
scotus · 1972 · cited in 2 Kansas opinions naming this issue, 1993–2022
2 sentences

2022Barker v. Wingo, 407 U.S. 514, 530 , 92 S. Ct. 2182 , 33 L.

1993Cf. Barker, 407 U.S. at 523-24, 528 (Court rejected restricting speedy trial right to cases where the accused has demanded a speedy trial); Ekis, Petitioner v. Darr, 217 Kan. 817, 826-27 , 539 P.2d 16 (1975) (after finding that the defendant had failed to comply with the Interstate Agreement on Detainers, this court continued to apply the Barker balancing test).

12
Harris v. Ron Championgreen
ca10 · 1994 · cited in 1 Kansas opinions naming this issue, 2022–2022
1 sentence

2022Harris v. Champion, 15 F.3d 1538, 1558-65 (10th Cir. 1994).

11
State v. Bussart-Savalojagreen
kanctapp · 2008 · cited in 1 Kansas opinions naming this issue, 2022–2022
1 sentence

2022See Bussart-Savaloja, 40 Kan.

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 (7)

CaseCitedYears
United States v. Eight Thousand Eight Hundred & Fifty Dollars green
scotus · 1983
2 sentences

2016The Barker balancing inquiry provides an appropriate framework for determining whether the delay here violated the due process right to be heard at a meaningful time." 461 U.S. at 564 .

2015In turn, the Court found: “The Barker balancing inquiry provides an appropriate framework for determining whether the delay here violated the due process right to be heard at a meaningful time.” 461 U.S. at 564 .

22015–2016
State v. Otero green
kan · 1972
2 sentences

2006The Barker balancing test was adopted in Kansas in State v. Otero, 210 Kan. 530 , 502 P.2d 763 (1972).

2006The Barker balancing test was adopted in Kansas in State v. Otero, 210 Kan. 530 , 502 P.2d 763 (1972).

21993–2006
State v. Weaver green
kan · 2003
2 sentences

2006Rather, the Barker balancing test is applied on an ad hoc basis “ 'in which the delay in each case is analyzed according to its particular circumstances.’ ” Weaver, 276 Kan. at 509 .

2006Rather, the Barker balancing test is applied on an ad hoc basis "`in which the delay in each case is analyzed according to its particular circumstances.'" Weaver, 276 Kan. at 509 .

12006–2006
State v. Goss green
kan · 1989
1 sentence

1997Relying on Goss, 245 Kan. 189 , we determined that a lapse of less than 11 months between arrest and trial did not require application of the other factors of the Barker balancing test.

11997–1997
State v. Hill green
kan · 1995
1 sentence

1997The district court did not abuse its discretion in finding that Hill’s constitutional speedy trial rights had not been violated. 257 Kan. at 779 .

11997–1997
Ekis v. Darr green
kan · 1975
2 sentences

1993Cf. Barker, 407 U.S. at 523-24, 528 (Court rejected restricting speedy trial right to cases where the accused has demanded a speedy trial); Ekis, Petitioner v. Darr, 217 Kan. 817, 826-27 , 539 P.2d 16 (1975) (after finding that the defendant had failed to comply with the Interstate Agreement on Detainers, this court continued to apply the Barker balancing test).

1993Cf. Barker, 407 U.S. at 523-24, 528 (Court rejected restricting speedy trial right to cases where the accused has demanded a speedy trial); Ekis, Petitioner v. Darr, 217 Kan. 817, 826-27 , 539 P.2d 16 (1975) (after finding that the defendant had failed to comply with the Interstate Agreement on Detainers, this court continued to apply the Barker balancing test).

11993–1993
State v. Brown green
kan · 1991
2 sentences

1993State v. Brown, 249 Kan. 698 , Syl. ¶ 6, 823 P.2d 190 (1991); State v. Otero, 210 Kan. 530, 532-533 , 502 P.2d 763 (1972).

1993State v. Brown, 249 Kan. 698 , Syl. ¶ 6, 823 P.2d 190 (1991); State v. Otero, 210 Kan. 530, 532-533 , 502 P.2d 763 (1972).

11993–1993

Where else courts name it

TX 105 (1993–2026) GA 29 (1997–2021) TN 24 (2002–2018) MS 18 (1982–2015) PA 12 (1975–2025) WA 11 (2013–2025) NM 10 (1989–2023) IN 9 (1978–2020) ID 9 (1988–2014) OH 6 (2001–2026) NJ 6 (2018–2025) LA 6 (1998–2021) WY 6 (1989–2022) KS 6 (1993–2022) MD 5 (1987–2012) CA 4 (1973–2025) UT 3 (1987–2022) WI 3 (1975–2024) CT 2 (1991–2022) MO 2 (1986–1986) DC 2 (1984–2006) NE 2 (2004–2005) NC 2 (1989–2017) MI 2 (1976–1987)

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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