Supreme Court of Kansas· 10/16/2020

State v. Herring

Citations

474 P.3d 285

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding an abuse of discretion where the district court explicitly applied the more stringent, constitutional Strickland standard to the first Edgar factor
Although a reviewing court \may think\ it knows what a district court would have done, \it cannot know for sure until the lower court does the analysis.\
\We reverse the panel's decision and remand the case to the district court with directions to reassess the first Edgar factor under the lackluster advocacy standard . . . .\
Although a reviewing court \may think\ it knows what a district court would have done absent a legal error, \it cannot know for sure until the lower court does the [proper] analysis.\
Although a reviewing court \may think\ it knows what a district court would have done absent a legal error, \it cannot know for sure until the lower court does the [proper] analysis.\

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