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

6 Kansas opinions name it 2 courts 1995–2026 2 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 (4)

CaseFollowedCited
State v. Butlergreen
kan · 2018 · cited in 3 Kansas opinions naming this issue, 2019–2022
2 sentences

2020See State v. Butler, 307 Kan. 831, 858 , 416 P.3d 116 (2018) ("In a similar fashion, it would make sense for trial counsel to not subpoena Butler's phone records when there was no indication it would support Butler's defense.").

2020See State v. Butler, 307 Kan. 831, 858 , 416 P.3d 116 (2018) ("In a similar fashion, it would make sense for trial counsel to not subpoena Butler's phone records when there was no indication it would support Butler's defense.").

13
State v. Gallegosgreen
kan · 2021 · cited in 1 Kansas opinions naming this issue, 2026–2026
1 sentence

2026See State v. Gallegos, 313 Kan. 262 , 277, 485 P.3d 622 (2021) (The cumulative error rule does not apply if there are no errors or only a single error.).

11
State v. Moodygreen
kan · 2002 · cited in 1 Kansas opinions naming this issue, 2018–2018
2 sentences

2018See State v. Reed , 302 Kan. 227 , 236, 352 P.3d 530 (2015) ("[U]ntimeliness of a motion for new trial is a procedural flaw that may affect the defendant's right to counsel; but it does not deprive the district court or a later appellate court of jurisdiction."); see also State v. Moody , 272 Kan. 1199 , 1202, 38 P.3d 659 (2002) (stating that if a district court lacked jurisdiction to enter an order, an appellate court cannot acquire jurisdiction over the subject matter on appeal).

2018See State v. Reed , 302 Kan. 227 , 236, 352 P.3d 530 (2015) ("[U]ntimeliness of a motion for new trial is a procedural flaw that may affect the defendant's right to counsel; but it does not deprive the district court or a later appellate court of jurisdiction."); see also State v. Moody , 272 Kan. 1199 , 1202, 38 P.3d 659 (2002) (stating that if a district court lacked jurisdiction to enter an order, an appellate court cannot acquire jurisdiction over the subject matter on appeal).

11
State v. Reedgreen
kan · 2015 · cited in 1 Kansas opinions naming this issue, 2018–2018
2 sentences

2018See State v. Reed , 302 Kan. 227 , 236, 352 P.3d 530 (2015) ("[U]ntimeliness of a motion for new trial is a procedural flaw that may affect the defendant's right to counsel; but it does not deprive the district court or a later appellate court of jurisdiction."); see also State v. Moody , 272 Kan. 1199 , 1202, 38 P.3d 659 (2002) (stating that if a district court lacked jurisdiction to enter an order, an appellate court cannot acquire jurisdiction over the subject matter on appeal).

2018See State v. Reed , 302 Kan. 227 , 236, 352 P.3d 530 (2015) ("[U]ntimeliness of a motion for new trial is a procedural flaw that may affect the defendant's right to counsel; but it does not deprive the district court or a later appellate court of jurisdiction."); see also State v. Moody , 272 Kan. 1199 , 1202, 38 P.3d 659 (2002) (stating that if a district court lacked jurisdiction to enter an order, an appellate court cannot acquire jurisdiction over the subject matter on appeal).

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. Brown green
kan · 2012
2 sentences

2019In so holding, we explained that "resolving Butler's claim does not necessitate an analysis of whether Enriquez and Smith remain valid after our decision in Brown , 295 Kan. 181 , 284 P.3d 977 , in which we established a statutory test for determining if alternative means existed.

2019In so holding, we explained that "resolving Butler's claim does not necessitate an analysis of whether Enriquez and Smith remain valid after our decision in Brown , 295 Kan. 181 , 284 P.3d 977 , in which we established a statutory test for determining if alternative means existed.

22018–2019
Thompson v. State green
kan · 2011
2 sentences

2022Nevertheless, our Supreme Court has explained: "'It is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.'" State v. Butler, 307 Kan. 831, 853-54 , 416 P.3d 116 (2018) (quoting Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 [2011]).

2022Nevertheless, our Supreme Court has explained: "'It is within the province of a lawyer to decide what witnesses to call, whether and how to conduct cross-examination, and other strategic and tactical decisions.'" State v. Butler, 307 Kan. 831, 853-54 , 416 P.3d 116 (2018) (quoting Thompson v. State, 293 Kan. 704, 716 , 270 P.3d 1089 [2011]).

12022–2022
State v. Ruebke green
kan · 1987
2 sentences

1995In concluding our discussion of this contention, the following quote from State v. Ruebke, 240 Kan. 493, 500-01 , 731 P.2d 842 , cert. denied 483 U.S. 1024 (1987), is appropriate: "Media publicity alone has never established prejudice per se.

1995In concluding our discussion of this contention, the following quote from State v. Ruebke, 240 Kan. 493, 500-01 , 731 P.2d 842 , cert. denied 483 U.S. 1024 (1987), is appropriate: "Media publicity alone has never established prejudice per se.

11995–1995
Flowers v. Morris green
scotus · 1987
2 sentences

1995In concluding our discussion of this contention, the following quote from State v. Ruebke, 240 Kan. 493, 500-01 , 731 P.2d 842 , cert. denied 483 U.S. 1024 (1987), is appropriate: "Media publicity alone has never established prejudice per se.

1995In concluding our discussion of this contention, the following quote from State v. Ruebke, 240 Kan. 493, 500-01 , 731 P.2d 842 , cert. denied 483 U.S. 1024 (1987), is appropriate: “Media publicity alone has never established prejudice per se.

11995–1995

Where else courts name it

PA 21 (1987–2025) TX 18 (1970–2023) FL 11 (1993–2015) CA 9 (1969–2022) GA 8 (1977–2022) LA 7 (1975–2017) WA 7 (1992–2018) KS 6 (1995–2026) MD 5 (1994–2022) SC 5 (1987–2022) DC 5 (1984–2015) MO 5 (1983–2018) ME 4 (1996–2020) AR 4 (1988–2025) NY 4 (2004–2015) OH 3 (2006–2024) MI 3 (1985–2018) AL 3 (2007–2007) VT 3 (1987–2024) IA 2 (1995–2015) OK 2 (2008–2013) MT 2 (1995–2001) TN 2 (1997–2013) UT 2 (2014–2022) CT 2 (1991–1992) IN 2 (2015–2017) CO 2 (1979–1998)

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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