K.S.A. » Chapter 77
Kansas Statutes Annotated

K.S.A. § 77-202 (2026)

Repealed

✓ laws through the 2026 session (checked Sept. 2026)
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77-202.

History: L. 1970, ch. 378, § 1; L. 1979, ch. 199, § 11; Repealed, L. 1984, ch. 345, § 4; July 1.

CASE ANNOTATIONS

1. Section not unconstitutional on grounds urged; instructions on statute proper. State v. Shaffer, 223 Kan. 244, 245, 246, 249, 250, 574 P.2d 205.

2. Term "ordinary standards of medical practice" discussed; phrase needs no further definition. State v. Shaffer, 229 Kan. 310, 317, 319, 624 P.2d 440.

Notes of Decisions
Cited in 8 cases, 1977–2001 · leading case: State v. Shaffer, 574 P.2d 205 (Kan. 1977).
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State v. Shaffer, 574 P.2d 205 (Kan. 1977). · cites it 9× “On appeal the defendant claims error on the following grounds: (1) instructing the jury on the terms of K.S.A. 1976 Supp. 77-202; (2) admission of the revolver taken from defendant’s automobile; (3) failure to grant a mistrial after the officer testified on defendant’s refusal…”
State v. Gholston, 35 P.3d 868 (Kan. 2001). · cites it 4× “The Shaffer court rejected that claim and found that determinations made upon “ordinary standards of medical practice,” the standard included in the definition of death statute, K.S.A. 77-202 (Weeks), was sufficient to satisfy constitutional standards.”
In re the Welfare of Bowman, 617 P.2d 731 (Wash. 1980). · cites it 2× “Kan. Stat. Ann. § 77-202 (Supp. 1979). In 1972, a model statute was proposed by Professor Alexander Morgan Capron of the University of Pennsylvania and Dr.”
State v. Velarde, 734 P.2d 449 (Utah 1986). · cites it 2× “[19] Kan. Stat. Ann. § 77-202 (Supp. 1983) (repealed & superseded 1984) (Unif.”
Commonwealth v. Golston, 366 N.E.2d 744 (Mass. 1977). “3, § 552 (1975); Kan. Stat. Ann. § 77-202 (Cum. Supp. 1976); Md.”
State v. Shaffer, 624 P.2d 440 (Kan. 1981). · cites it 2× “77-202 sets forth two alternative definitions of death to be utilized in Kansas for all purposes including the trials of civil and criminal cases: “A person will be considered medically and legally dead if, in the opinion of a physician, based on ordinary standards of medical…”
State v. Guess, 715 A.2d 643 (Conn. 1998). “This evolution in medicine has spawned concomitant developments in the law.”
Fredella ex rel. Titchener v. Farrelly, 28 V.I. 90 (V.I. 1993). “These provisions were based almost word for word on Kansas legislation, K.S.A. 1980 Supp. 77-202, which was enacted in 1970.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.