State v. Gutierrez-Fuentes
| Docket Number | 120339 |
| Decision Date | 29 April 2022 |
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5 cases
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State v. Waisner
... ... Yet the ... lack of specificity in the district court's findings does ... not justify reversal of the district court's decision ... Waisner does not challenge the district court's decision ... on this basis on appeal Cf State v Gutierrez-Fuentes, 315 ... Kan.341, 364, 508 P.3d 378 (2022) (Luckert, C.J., concurring) ... (noting this court's decision to address issue not ... properly raised on appeal or briefed constituted abuse of ... this court's discretion). And because Waisner did not ... object to the ... ...
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Baskin v. State
... ... the defendant's assertion of the right, and prejudice to ... the defendant. 407 U.S. at 530. Kansas adopted this test in ... State v. Otero , 210 Kan. 530, 532-33, 502 P.2d 763 ... (1972). See State v. Gutierrez-Fuentes , 315 Kan.341, ... 345, 508 P.3d 378 (2022). Our Supreme Court has recently ... reiterated that a defendant must assert a constitutional ... right to a speedy trial before the district court in order ... for the court to make the necessary findings of fact and ... ...
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In re D.M.
... ... the presumption of unfitness under K.S.A. 38-2271(a)(3). She ... also contends that the State failed to present clear and ... convincing evidence to support a finding of unfitness or to ... prove that her condition of unfitness was ... rule, we do not consider unpreserved claims even when ... constitutional rights are at issue. State v ... Gutierrez-Fuentes , 315 Kan. 341, 347, 508 P.3d 378 ... (2022); see also In re K.R. , 43 Kan.App.2d 891, 900, ... 233 P.3d 746 (2010) (reversal not ... ...
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State v. Richardson
...decline to utilize a prudential exception to our preservation requirements in order to consider her claim. See State v. Gutierrez-Fuentes , 315 Kan. 341, 347, 508 P.3d 378 (2022) ("[B]efore invoking one of the limited exceptions, an appellate court must also determine whether the unpreserve......
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