K.S.A. » Chapter 21

K.S.A. § 21-3109

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21-3109.

History: L. 1969, ch. 180, § 21-3109; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 33 cases (1 in the last 5 years), 1978–2025 · leading case: State v. Gunby
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State v. Gunby (2006) kan · cites it 8× “3d instruction on lesser included offenses and argument emphasizing it nullify the presumption of innocence in K.S.A. 21-3109? and (4) Does cumulative trial error require reversal of defendant's conviction? The pertinent facts are these: Brad Jaynes, a senior at Shawnee Mission…”
State v. Davis (2003) kan · cites it 7× “In support of his assertion that the instruction was erroneous, Davis relies upon K.S.A. 21-3109, which states: “A defendant is presumed to be innocent until the contrary is proved.”
State v. Ward (2011) kan · cites it 2× “rt found this to be a fundamental failure in the proceeding and explained: "There can be no question that a practice of requiring an accused to stand trial in distinctive prison clothing, such as that described in the present case, may result in an unfair trial and may deny the…”
State v. Adams (2011) kan · cites it 4× “According to Adams, these instructions told the jury to convict him of premeditated first-degree murder without considering the lesser included offenses or that the jurors should only consider the lesser offenses if they acquitted him of premeditated first-degree murder.”
State v. Hall (2011) kan · cites it 2× ““When there is a reasonable doubt as to which of two or more offenses defendant is guilty, (he) or (she) may be convicted of the lesser offense only. “Your Presiding Juror should mark the appropriate verdict.”
Nero v. Kansas State University (1993) kan · cites it 2× “The law should not require universities to confine or control students who only have been accused of crimes or to warn other students that a criminal charge or accusation is pending against a student living in one of the residence halls.”
State v. McCloud (1995) kan · cites it 4× “02 and the statutory language of K.S.A. 21-3109. McCloud admits that the case of State v.”
State v. Whitaker (1994) kan · cites it 2× “K.S.A. 21-3109. The court instructed the jury that if the jury had a reasonable doubt it “should” acquit.”
State v. Clark (1997) kan · cites it 2× “*474 The defendant argues that the use of the words "not guilty" in the first portion of the instruction, rather than a statement that the defendant is presumed "innocent," is clearly erroneous because it dilutes the presumption of innocence guaranteed by K.S.A. 21-3109. Next,…”
State v. Staten (2016) kan “In 2010, the Kansas Legislature repealed 21-3109 and created K.S.A. 2011 Supp. 21-5108(c), which read, in relevant part: “(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence.”
Miller v. State (2014) kan “21-5108(a); see K.S.A. 21-3109; State v. Hall, 270 Kan. 194, 195 , 14 P.”
State v. Stuart and Jones (1978) kan · cites it 2× “The instruction was taken verbatim from PIK (Criminal) 52.02. Defendants argue the jury should have been instructed they "must" find the defendants not guilty if there is a reasonable doubt, rather than the jury "should" *604 find the defendants not guilty.”
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