case of clear error (Kansas) · Go Syfert
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case of clear error in Kansas

6 Kansas opinions name it 1 courts 2003–2018 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 (1)

CaseFollowedCited
City of Lyons v. Suttlegreen
kan · 1972 · cited in 1 Kansas opinions naming this issue, 2013–2013
2 sentences

2013See City of Lyons v. Suttle, 209 Kan. 735, 738 , 498 P.2d 9 (1972); Grigsby v. Mitchum, 191 Kan. 293, 302 , 380 P.2d 363 (1963).

2013See City of Lyons v. Suttle, 209 Kan. 735, 738 , 498 P.2d 9 (1972); Grigsby v. Mitchum, 191 Kan. 293, 302 , 380 P.2d 363 (1963).

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 (3)

CaseCitedYears
State v. Graham green
kan · 2003
2 sentences

2018Thus, where there is evidence of mitigating circumstances justifying an instruction on voluntary manslaughter in a case where voluntary manslaughter is a lesser included offense, a failure to instruct the jury to consider such circumstances in its determination of whether the defendant is guilty of second-degree murder, is always error-and in most cases-presents a case of clear error." Graham , 275 Kan. at 836 -37 , 69 P.3d 563 .

2018Thus, where there is evidence of mitigating circumstances justifying an instruction on voluntary manslaughter in a case where voluntary manslaughter is a lesser included offense, a failure to instruct the jury to consider such circumstances in its determination of whether the defendant is guilty of second-degree murder, is always error-and in most cases-presents a case of clear error." Graham , 275 Kan. at 836 -37 , 69 P.3d 563 .

52003–2018
State v. Bell green
kan · 2005
2 sentences

2018Later, the Bell court distinguished the Graham rule from cases involving premeditation. 280 Kan. at 365 -67 , 121 P.3d 972 .

2018Later, the Bell court distinguished the Graham rule from cases involving premeditation. 280 Kan. at 365 -67 , 121 P.3d 972 .

12018–2018
Grigsby v. Mitchum green
kan · 1963
2 sentences

2013See City of Lyons v. Suttle, 209 Kan. 735, 738 , 498 P.2d 9 (1972); Grigsby v. Mitchum, 191 Kan. 293, 302 , 380 P.2d 363 (1963).

2013See City of Lyons v. Suttle, 209 Kan. 735, 738 , 498 P.2d 9 (1972); Grigsby v. Mitchum, 191 Kan. 293, 302 , 380 P.2d 363 (1963).

12013–2013

Statutes the citing opinions construe

KS § K.S.A. § 21-3403 (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

PA 7 (1960–1989) KS 6 (2003–2018) OH 4 (2012–2015)

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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