Topic: judicial discretion is abused if judicial action (1) is arb… · Go Syfert
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Topic #8426

4 canonical passages across 3 cases, quoted by 44 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Ward.

#Case FlagCanonical passage Citers
1 State v. Ward Anchor
kan · 2011
green “judicial discretion is abused if judicial action (1) is arbitrary, fanciful, or unreasonable, i.e., if no reasonable person would have taken the view adopted by the trial court; (2) is based on an error of law, i.e., if the discretion is guided by an erroneous legal conclusion; …” 26
2 State v. Salts
kan · 2009
green “another trial would be a burden on both sides” 7
3 State v. Martinez
kan · 2009
green “an instruction is clearly erroneous only if the reviewing court is firmly convinced there is a real possibility the jury would have rendered a different verdict if the trial error had not occurred.” 7
4 State v. Salts
kan · 2009
green “another trial would be a burden on both sides.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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