Vontress factors (Kansas) · Go Syfert
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Vontress factors in Kansas

8 Kansas opinions name it 2 courts 2017–2020 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 (2)

CaseFollowedCited
Vontress v. Statered
kan · 2014 · cited in 5 Kansas opinions naming this issue, 2017–2020
2 sentences

2019Because Requena filed his motion well before July 2016, the Vontress factors govern our analysis: "whether (1) the movant provides persuasive reasons or circumstances that prevented him or her from filing the 60-1507 motion within the 1-year time limitation; (2) the merits of the movant's claim raise substantial issues of law or fact deserving of the district court's consideration; and (3) the movant sets forth a colorable claim of actual innocence, i.e. , factual, not legal, innocence." Vontress , 299 Kan. at 616 [ 325 P.3d 1114 ].

2019Because Requena filed his motion well before July 2016, the Vontress factors govern our analysis: "whether (1) the movant provides persuasive reasons or circumstances that prevented him or her from filing the 60-1507 motion within the 1-year time limitation; (2) the merits of the movant's claim raise substantial issues of law or fact deserving of the district court's consideration; and (3) the movant sets forth a colorable claim of actual innocence, i.e. , factual, not legal, innocence." Vontress , 299 Kan. at 616 [ 325 P.3d 1114 ].

45
White v. Stategreen
kan · 2018 · cited in 4 Kansas opinions naming this issue, 2019–2020
2 sentences

2020White, 308 Kan. at 503.

2020White, 308 Kan. at 503.

24

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 (1)

CaseCitedYears
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2017Using the prospective-only application of Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 , 147 L.

2017Using the prospective-only application of Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 , 147 L.

12017–2017

Statutes the citing opinions construe

KS § K.S.A. § 60-1507 (8) KS § K.S.A. § 22-3504 (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.

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