47 Kansas opinions name it 2 courts 1978–2025 9 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.
| Case | Followed | Cited |
|---|---|---|
State v. Gallegosgreen2 sentences2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). 2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). | 3 | 4 |
State v. Salarygreen2 sentences2024Salary, 301 Kan. at 599 (applying nonconstitutional harmlessness test to failure to give a voluntary manslaughter instruction). 2016See Salary, 301 Kan. at 597 ("[L]eaving a confrontation with an individual and then returning with a loaded firearm and shooting that same person . . . typically [renders a person] ineligible for a self-defense instruction" under Kansas caselaw.); State v. Harris, 293 Kan. 798, 805 , 269 P.3d 820 (2012) ("To warrant a voluntary manslaughter instruction . . . there needed to be evidence showing . . . an honest belief deadly force was necessary."). | 2 | 5 |
State v. Hayesgreen2 sentences2022Kansas courts have explained that "[m]ere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter." State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014); see also Woods, 301 Kan. 852, 878 , 348 P.3d 583 (2015) (holding that a verbal confrontation between husband and wife was not enough to cause an ordinary person to lose control of their actions); State v. Northcutt, 290 Kan. 224, 233-34 , 224 P.3d 564 (2010) ("Kansas precedent . . . requires severe provocation to justify giving a voluntary manslaughter instruction. . . 2017We held that the record did not support a voluntary manslaughter instruction because "the evidence was compelling that the crime was premeditated and that a confrontation . . . was either intended or foreseeable." Furthermore, any provocation had "consisted at most of words or gestures, which are insufficient grounds for instructing on voluntary manslaughter." 299 Kan. at 866 . | 2 | 4 |
State v. Vasquezgreen2 sentences2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). 2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). | 2 | 3 |
State v. Bernhardtgreen2 sentences2021In Bernhardt, our Supreme Court explained an argument between the defendant and victim was insufficient to qualify as provocation for a voluntary manslaughter instruction because mere words or gestures do not constitute legally sufficient provocation and the type of argument between the two was not unusual, negating the "sudden" aspect of a quarrel. 304 Kan. at 477 . 2020However, when evaluating the factual appropriateness of a voluntary manslaughter instruction, courts consider whether there was "'an adequate provocation that deprives a reasonable person of self-control and causes that person to act out of passion rather than reason.'" Gentry, 310 Kan. at 722 (quoting State v. Bernhardt, 304 Kan. 460, 475-76 , 372 P.3d 1161 [2016]). | 1 | 6 |
State v. Horngreen2 sentences2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). 2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). | 1 | 4 |
State v. Northcuttgreen2 sentences2022Kansas courts have explained that "[m]ere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter." State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014); see also Woods, 301 Kan. 852, 878 , 348 P.3d 583 (2015) (holding that a verbal confrontation between husband and wife was not enough to cause an ordinary person to lose control of their actions); State v. Northcutt, 290 Kan. 224, 233-34 , 224 P.3d 564 (2010) ("Kansas precedent . . . requires severe provocation to justify giving a voluntary manslaughter instruction. . . 2022Kansas courts have explained that "[m]ere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter." State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014); see also Woods, 301 Kan. 852, 878 , 348 P.3d 583 (2015) (holding that a verbal confrontation between husband and wife was not enough to cause an ordinary person to lose control of their actions); State v. Northcutt, 290 Kan. 224, 233-34 , 224 P.3d 564 (2010) ("Kansas precedent . . . requires severe provocation to justify giving a voluntary manslaughter instruction. . . | 1 | 3 |
State v. Plummergreen2 sentences2020When presented with a claim that a district court has committed an error by refusing to issue a jury instruction: "(1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; an 2020When presented with a claim that a district court has committed an error by refusing to issue a jury instruction: "(1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; an | 1 | 3 |
State v. Clarkgreen2 sentences2025Fast forwarding to State v. Clark, 263 Kan. 370, 374 , 949 P.2d 1099 (1997), we again affirmed a trial court's denial of the voluntary manslaughter instruction. 2025Fast forwarding to State v. Clark, 263 Kan. 370, 374 , 949 P.2d 1099 (1997), we again affirmed a trial court's denial of the voluntary manslaughter instruction. | 1 | 2 |
State v. Woodsgreen2 sentences2022Kansas courts have explained that "[m]ere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter." State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014); see also Woods, 301 Kan. 852, 878 , 348 P.3d 583 (2015) (holding that a verbal confrontation between husband and wife was not enough to cause an ordinary person to lose control of their actions); State v. Northcutt, 290 Kan. 224, 233-34 , 224 P.3d 564 (2010) ("Kansas precedent . . . requires severe provocation to justify giving a voluntary manslaughter instruction. . . 2022Kansas courts have explained that "[m]ere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter." State v. Hayes, 299 Kan. 861, 866 , 327 P.3d 414 (2014); see also Woods, 301 Kan. 852, 878 , 348 P.3d 583 (2015) (holding that a verbal confrontation between husband and wife was not enough to cause an ordinary person to lose control of their actions); State v. Northcutt, 290 Kan. 224, 233-34 , 224 P.3d 564 (2010) ("Kansas precedent . . . requires severe provocation to justify giving a voluntary manslaughter instruction. . . | 1 | 2 |
State v. Roedergreen2 sentences2016Beginning with the factual propriety of the voluntary manslaughter instruction, I would not apply the product-of-psychosis exception from State v. Ordway, 261 Kan. 776 , 934 P.2d 94 (1997), instead of our more recent — -and arguably more logically consistent — test enunciated in State v. Roeder, 300 Kan. 901 , 336 P.3d 831 (2014), cert. denied 135 S. Ct. 2316 (2015). 2016Beginning with the factual propriety of the voluntary manslaughter instruction, I would not apply the product-of-psychosis exception from State v. Ordway, 261 Kan. 776 , 934 P.2d 94 (1997), instead of our more recent — -and arguably more logically consistent — test enunciated in State v. Roeder, 300 Kan. 901 , 336 P.3d 831 (2014), cert. denied 135 S. Ct. 2316 (2015). | 1 | 2 |
State v. Coopgreen2 sentences2016But, as we have previously clarified, a sudden quarrel is but “ ‘ “one form of provocation for ‘heat of passion’ and is not separate and apart from ‘heat of passion.”” State v. Johnson, 290 Kan. 1038, 1047 , 236 P.3d 517 (2010) (quoting State v. Coop, 223 Kan. 302, 307 , 573 P.2d 1017 [1978]).” State v. Story, 300 Kan. 702, 711 , 334 P.3d 297 (2014). 2016But, as we have previously clarified, a sudden quarrel is but “ ‘ “one form of provocation for ‘heat of passion’ and is not separate and apart from ‘heat of passion.”” State v. Johnson, 290 Kan. 1038, 1047 , 236 P.3d 517 (2010) (quoting State v. Coop, 223 Kan. 302, 307 , 573 P.2d 1017 [1978]).” State v. Story, 300 Kan. 702, 711 , 334 P.3d 297 (2014). | 1 | 2 |
State v. Gonzalezgreen2 sentences2024State v. Gonzalez, 282 Kan. 73, 111 , 145 P.3d 18 (2006) ("This voluntary manslaughter analysis is identical to the first, subjective prong required to justify a self-defense instruction."). 2024State v. Gonzalez, 282 Kan. 73, 111 , 145 P.3d 18 (2006) ("This voluntary manslaughter analysis is identical to the first, subjective prong required to justify a self-defense instruction."). | 1 | 1 |
State v. Murringreen1 sentence2020See Murrin, 309 Kan. at 391-92 . | 1 | 1 |
State v. Barbergreen1 sentence2020See Barber, 302 Kan. at 377 . | 1 | 1 |
| State v. Wadegreen | 1 | 1 |
| State v. Quartez Browngreen | 1 | 1 |
| State v. Harrisgreen | 1 | 1 |
| State v. Brisenogreen | 1 | 1 |
| State v. Herbelgreen | 1 | 1 |
| State v. Herrongreen | 1 | 1 |
| State v. Saleemgreen | 1 | 1 |
| State v. Hayesgreen | 1 | 1 |
| State v. Hillgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Ward
green
2 sentences2020The analytic steps for reviewing the denial of a requested jury instruction are as follows: "'(1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; and (4) finally, if the 2020The analytic steps for reviewing the denial of a requested jury instruction are as follows: "'(1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; and (4) finally, if the | 4 | 2012–2020 |
State v. Drennan
green
2 sentences2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). 2021But the court found that the defendant's argument "ignores Kansas precedent that requires severe provocation to justify giving a voluntary manslaughter instruction." (Emphasis added.) 290 Kan. at 233 ; see, e.g., State v. Vasquez, 287 Kan. 40, 55-56 , 194 P.3d 563 (2008); State v. Gallegos, 8 286 Kan. 869, 874 , 190 P.3d 226 (2008); State v. Drennan, 278 Kan. 704, 713 , 101 P.3d 1218 (2004); State v. Horn, 278 Kan. 24, 40-41 , 91 P.3d 517 (2004). | 3 | 2010–2021 |
State v. Williams
green
2 sentences2018Whether the voluntary manslaughter instruction was factually appropriate depends on whether " 'there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction.' " Williams , 303 Kan. at 598 , 363 P.3d 1101 . 2018Whether the voluntary manslaughter instruction was factually appropriate depends on whether " 'there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction.' " Williams , 303 Kan. at 598 , 363 P.3d 1101 . | 3 | 2017–2020 |
State v. Johnson
green
2 sentences2018We have noted that "Kansas, along with most states, considers sudden quarrel to be one form of heat of passion." State v. Johnson , 290 Kan. 1038 , 1048, 236 P.3d 517 (2010). 2018We have noted that "Kansas, along with most states, considers sudden quarrel to be one form of heat of passion." State v. Johnson , 290 Kan. 1038 , 1048, 236 P.3d 517 (2010). | 3 | 2016–2018 |
State v. Graham
green
2 sentences2018Thus, 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 . | 3 | 2006–2018 |
State v. Qualls
green
2 sentences2019In Qualls I , the majority held that it was error not to give a voluntary manslaughter instruction under an imperfect self-defense theory. 297 Kan. at 72 , 298 P.3d 311 . 2019In Qualls I , the majority held that it was error not to give a voluntary manslaughter instruction under an imperfect self-defense theory. 297 Kan. at 72 , 298 P.3d 311 . | 2 | 2019–2024 |
State v. Uk
green
2 sentences2024State v. Uk, 311 Kan. 393 , 397, 461 P.3d 32 (2020). 2021However, as this court recently summarized: "[W]hen evaluating the factual appropriateness of a voluntary manslaughter instruction, courts consider whether there was 'an adequate provocation that deprives a reasonable person of self-control and causes that person to act out of passion rather than reason.' Under this framework, 'Mere words or gestures, however offensive, do not constitute legally sufficient provocation for a finding of voluntary manslaughter.' Additionally, 'Whether provocation was legally sufficient is based on an objective standard.' [Citations omitted.]" State v. Uk, 311 Kan | 2 | 2021–2024 |
State v. Mitchell
green
2 sentences2021The Northcutt court also stated that "[u]nder our precedent, mere evidence of an altercation between parties does not alone support finding sufficient provocation" to justify instructing the jury on voluntary manslaughter as a lesser included offense. 290 Kan. at 234 ; see, e.g., Gallegos, 286 Kan. at 874-75 ; Mitchell, 269 Kan. at 353 . 2014The Northcutt court further stated that “[u]nder our precedent, mere evidence of an altercation between parties does not alone support finding sufficient provocation” to justify instructing the jury on voluntary manslaughter as a lesser included offense. 290 Kan. at 234 ; see, e.g., Gallegos, 286 Kan. at 874-75 ; Mitchell, 269 Kan. at 353 . | 2 | 2014–2021 |
State v. Story
green
2 sentences2016“In order to require the instruction, there must have been evidence that would reasonably justify a conviction of the lesser included crime. [State v. Story,] 300 Kan. [702,] 710[, 334 P.3d 297 (2014)]. 2016But, as we have previously clarified, a sudden quarrel is but “ ‘ “one form of provocation for ‘heat of passion’ and is not separate and apart from ‘heat of passion.”” State v. Johnson, 290 Kan. 1038, 1047 , 236 P.3d 517 (2010) (quoting State v. Coop, 223 Kan. 302, 307 , 573 P.2d 1017 [1978]).” State v. Story, 300 Kan. 702, 711 , 334 P.3d 297 (2014). | 2 | 2015–2016 |
State v. Williams
green
2 sentences2014First, he alleges that the voluntary manslaughter instruction given at trial consolidated what he refers to as “alternative means of committing the offense” and “glosses over the separate lesser included offenses of an intentional killing but upon a sudden quarrel, heat of passion, or imperfect self-defense.” He argues the court should have given a separate instruction for each “alternative means.” He also argues that tire court erred in defining “heat of passion” and not defining “sudden quarrel” or “unreasonable but honest belief.” Because Armstrong did not object to Instruction No. 9 under 2014See K.S.A. 22-3414(3); Williams, 295 Kan. at 515-16 . | 2 | 2014–2014 |
State v. McClanahan
green
2 sentences2007McClanahan, 254 Kan. at 115-16 . 1997I still believe that it may be appropriate for the court to give a voluntary manslaughter instruction, and I’m familiar with the case the court cited earlier, State v. McClanahan, 254 Kan. 104 , which basically describes Kansas law in that for heat of passion, words are simply not enough; that there has to be some sort of accompanying action that would excite a person of normal sensitivities. | 2 | 1997–2007 |
State v. Guebara
green
2 sentences1997Finding no error, we quoted State v. Bailey, 256 Kan. 872, 886 , 889 P.2d 738 (1995) (quoting State v. Guebara, 236 Kan. 791 , Syl. ¶ 2, 696 P.2d 381 [1995]): “ ‘ “In order for a defendant charged with murder to be entitled to a jury instruction on voluntary manslaughter because he acted in the heat of passion, his emotional state of mind must exist at the tíme of the act and it must have arisen from circumstances constituting sufficient provocation.” ’ ” Moncla, 262 Kan. at 74 . *334 Dias acknowledges that “the important question here is whether there was sufficient evidence of provocation to 1990Thus, this court found no error in the trial court’s refusal to give a voluntary manslaughter instruction at trial. 236 Kan. at 797-99 . | 2 | 1990–1997 |
State v. Wimbley
green
1 sentence2024State v. Wimbley, 313 Kan. 1029 , 1033, 493 P.3d 951 (2021). 11 Here, the first and second steps of the analysis are satisfied: Zongker preserved the voluntary manslaughter instruction issue for appellate review by requesting it at trial, and voluntary manslaughter is a lesser included offense of premeditated first-degree murder, meaning the instruction was legally appropriate. | 1 | 2024–2024 |
State v. Parker
green
1 sentence2022See, e.g., Green, 311 Kan. at 986-87 (holding a voluntary manslaughter instruction was 16 factually inappropriate where no evidence of provocation existed and the defendant was convicted of premeditated first-degree murder); State v. Parker, 311 Kan. 255 , 266, 459 P.3d 793 (2020) (finding that a voluntary manslaughter jury instruction was factually inappropriate because there was "so little evidence" of provocation and "so much evidence" of premeditation). | 1 | 2022–2022 |
State v. Robertson
green
1 sentence2021Robertson, 279 Kan. at 306 . | 1 | 2021–2021 |
| State v. White green | 1 | 2019–2019 |
| State v. Molina green | 1 | 2017–2017 |
| Ward v. Kansas green | 1 | 2017–2017 |
| State v. Johnson green | 1 | 2017–2017 |
| State v. Brownlee green | 1 | 2017–2017 |
| State v. Ordway green | 1 | 2016–2016 |
| Roeder v. Kansas green | 1 | 2016–2016 |
| State v. Gooding green | 1 | 2015–2015 |
| State v. Henson green | 1 | 2014–2014 |
| State v. Nelson green | 1 | 2012–2012 |
| Bingham v. United States green | 1 | 2012–2012 |
| State v. Arteaga green | 1 | 2010–2010 |
| State v. Miller green | 1 | 2002–2002 |
| State v. Simkins green | 1 | 2001–2001 |
| State v. Follin green | 1 | 2001–2001 |
| State v. Coleman green | 1 | 2000–2000 |
| State v. Bailey green | 1 | 1997–1997 |
| State v. Moncla green | 1 | 1997–1997 |
| State v. McDermott neutral | 1 | 1995–1995 |
| State v. Pearson green | 1 | 1995–1995 |
| State v. Stafford green | 1 | 1995–1995 |
| McDermott v. Kansas green | 1 | 1995–1995 |
| State v. Clark green | 1 | 1978–1978 |
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.
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.