open-the-door rule (Kansas) · Go Syfert
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open-the-door rule in Kansas

6 Kansas opinions name it 2 courts 2012–2025 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
In re Stephensongreen
kan · 2013 · cited in 2 Kansas opinions naming this issue, 2015–2024
2 sentences

2024The open-the-door rule does not insulate a prosecutor from a finding of [error]." State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013).

2015The open-the-door rule does not insulate a prosecutor from a finding of misconduct.” State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013) (“In short, defendants do not open the door to prosecutorial misconduct.”).

22
State v. Stimecgreen
kan · 2013 · cited in 2 Kansas opinions naming this issue, 2015–2024
2 sentences

2024The open-the-door rule does not insulate a prosecutor from a finding of [error]." State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013).

2015The open-the-door rule does not insulate a prosecutor from a finding of misconduct.” State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013) (“In short, defendants do not open the door to prosecutorial misconduct.”).

22
State v. Marshallgreen
kan · 2012 · cited in 4 Kansas opinions naming this issue, 2013–2024
2 sentences

2024The open-the-door rule does not insulate a prosecutor from a finding of [error]." State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013).

2024The open-the-door rule does not insulate a prosecutor from a finding of [error]." State v. Marshall, 294 Kan. 850, 860 , 281 P.3d 1112 (2012); see also State v. Stimec, 297 Kan. 126, 130 , 298 P.3d 354 (2013).

14
State v. Spraguegreen
kan · 2015 · cited in 1 Kansas opinions naming this issue, 2025–2025
2 sentences

2025Yet, contrary to the State's point, "'a prosecutor's improper comment or argument can be prejudicial, even if the [error] was extemporaneous and made under the stress of rebutting arguments made by defense counsel.'" State v. Roeder, 300 Kan. 901, 934 , 336 P.3d 831 (2014) (disavowing language in previous cases that defense provocation can justify prosecutorial misconduct); see also State v. Sprague, 303 Kan. 418, 429 , 362 P.3d 828 (2015) ("'The open-the-door rule does not insulate a prosecutor from a finding of misconduct.'").

2025Yet, contrary to the State's point, "'a prosecutor's improper comment or argument can be prejudicial, even if the [error] was extemporaneous and made under the stress of rebutting arguments made by defense counsel.'" State v. Roeder, 300 Kan. 901, 934 , 336 P.3d 831 (2014) (disavowing language in previous cases that defense provocation can justify prosecutorial misconduct); see also State v. Sprague, 303 Kan. 418, 429 , 362 P.3d 828 (2015) ("'The open-the-door rule does not insulate a prosecutor from a finding of misconduct.'").

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. Roeder green
kan · 2014
2 sentences

2025Yet, contrary to the State's point, "'a prosecutor's improper comment or argument can be prejudicial, even if the [error] was extemporaneous and made under the stress of rebutting arguments made by defense counsel.'" State v. Roeder, 300 Kan. 901, 934 , 336 P.3d 831 (2014) (disavowing language in previous cases that defense provocation can justify prosecutorial misconduct); see also State v. Sprague, 303 Kan. 418, 429 , 362 P.3d 828 (2015) ("'The open-the-door rule does not insulate a prosecutor from a finding of misconduct.'").

2025Yet, contrary to the State's point, "'a prosecutor's improper comment or argument can be prejudicial, even if the [error] was extemporaneous and made under the stress of rebutting arguments made by defense counsel.'" State v. Roeder, 300 Kan. 901, 934 , 336 P.3d 831 (2014) (disavowing language in previous cases that defense provocation can justify prosecutorial misconduct); see also State v. Sprague, 303 Kan. 418, 429 , 362 P.3d 828 (2015) ("'The open-the-door rule does not insulate a prosecutor from a finding of misconduct.'").

12025–2025
State v. Gonzalez green
kan · 2010
2 sentences

2014Prosecutors are at all times professionals and have tire “ ‘responsibility of a minister of justice and not simply that of an advocate.’ ” State v. Gonzalez, 290 Kan. 747, 760-61 , 234 P.3d 1 (2010) (quoting Kansas Rule of Professional Conduct 3.8, Comment 1 [2009 Kan.

2014Prosecutors are at all times professionals and have tire “ ‘responsibility of a minister of justice and not simply that of an advocate.’ ” State v. Gonzalez, 290 Kan. 747, 760-61 , 234 P.3d 1 (2010) (quoting Kansas Rule of Professional Conduct 3.8, Comment 1 [2009 Kan.

12014–2014
State v. Manning green
kan · 2001
1 sentence

2012The ‘open door’ rule only applies to evidence.” Manning, 270 Kan. at 701 .

12012–2012

Statutes the citing opinions construe

KS § K.S.A. § 60-261 (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

KS 6 (2012–2025) CA 4 (2014–2020)

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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