Skip to main content

State v. Van Cleave

Citations

  • 716 P.2d 580
  • 239 Kan. 117
  • 1986 Kan. LEXIS 278

How courts have described this case

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

  • recognizing appellate court discretion to order remand as an alternative and more expeditious remedy to K.S.A. 60-1507 to pursue ineffective assistance of counsel allegations
  • explaining that appellate counsel must generally do some preliminary investigation before requesting remand for Van Cleave hearing
  • allowing amendment because no alibi defense was asserted and the date of the offense was not material to any defense; no prejudice was shown
  • acknowledging appellate court's authority to remand ineffective assistance of counsel challenges to the trial court for an initial determination
  • finding that where a claim of ineffective assistance of counsel is raised for the first time on appeal, \[t]he trial judge should be the first to make a determination of such an issue and our refusal to consider the matter for the first time on appeal is sound.\
  • overruling State v. Pink, 236 Kan. 715, 696 P.2d 358 [1985]

Source: CourtListener parenthetical corpus (CC0).

Judges: Holmes

Read full opinion on CourtListener

Cited by

90 cases in this archive cite this case; the 20 most cited are listed.

Cites

16 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.