Legal Opinion

State v. Hurst

Court of Appeals of Kansas

Decided November 4, 2022No. 124199PublishedCited by 1 opinion

1Opinion of the Court

No. 124,199 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. ALLEN MICHAEL HURST, Appellant. SYLLABUS BY THE COURT 1. This court uses the four-part Barker balancing test to determine whether a delay in appellate proceedings has violated a defendant's due process rights under the United States Constitution. The court must consider the (1) length of delay, (2) reason for the delay, (3) defendant's assertion of their right, and (4) prejudice resulting from the delay. Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182,

33 L. Ed. 2d 101

(1972). 2. A defendant's writings,…

2Cases cited7 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
  3. State v. ArnettSupreme Court of Kansas · 2018
  4. State v. GilbertMissouri Court of Appeals · 2017
  5. State v. Bussart-SavalojaCourt of Appeals of Kansas · 2008

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3Cited by1 opinion

  1. Alfaro v. StateNevada Supreme Court · 2023

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