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5 Kansas opinions name it 2 courts 2019–2024 2 in the last five years
The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Browngreen2 sentences2023See 15 305 Kan. at 1237 (an alternative-means error "can only occur when the lack of evidence is combined with overbroad language in the jury instructions"); see also Brown, 295 Kan. at 226 (Moritz, J., concurring) ("In analyzing alternative means cases, we blend concepts of sufficiency of the evidence .. . with instructional error... ."). 2019See State v. Wright , 290 Kan. 194 , 206, 224 P.3d 1159 (2010) ; State v. Timley , 255 Kan. 286 , 289-90, 875 P.2d 242 (1994) ; see also Khan v. State , 204 P.3d 1036 , 1042 (Alaska Ct. App. 2009) (when a defendant is charged with a crime under more than one theory , the jurors need not unanimously agree on the theory that serves as the basis for the defendant's conviction, but the jurors must unanimously agree that the defendant committed the wrongful deed). "[A] statute-and any [jury] instruction that incorporates it-must list distinct alternatives for a material element of the crime , not m | 2 | 2 |
State v. Wrightgreen2 sentences2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). 2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). | 1 | 2 |
State v. Derngreen2 sentences2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). 2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). | 1 | 1 |
Khan v. Stategreen1 sentence2019See State v. Wright , 290 Kan. 194 , 206, 224 P.3d 1159 (2010) ; State v. Timley , 255 Kan. 286 , 289-90, 875 P.2d 242 (1994) ; see also Khan v. State , 204 P.3d 1036 , 1042 (Alaska Ct. App. 2009) (when a defendant is charged with a crime under more than one theory , the jurors need not unanimously agree on the theory that serves as the basis for the defendant's conviction, but the jurors must unanimously agree that the defendant committed the wrongful deed). "[A] statute-and any [jury] instruction that incorporates it-must list distinct alternatives for a material element of the crime , not m | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Reynolds
green
1 sentence2024An alternative-means instruction that was not challenged before the district court only necessitates a new trial if the instruction was clearly erroneous. 319 Kan. at ___, 552 P.3d at 13 ; see K.S.A. 22-3414(3). | 1 | 2024–2024 |
State v. Eddy
green
2 sentences2020State v. Eddy, 299 Kan. 29, 32-33 , 321 P.3d 12 (2014). 2020State v. Eddy, 299 Kan. 29, 32-33 , 321 P.3d 12 (2014). | 1 | 2020–2020 |
State v. Britt
green
2 sentences2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). 2020State v. Wright, 290 Kan. 194, 205 , 224 P.3d 1159 (2010). 6 Our Kansas Supreme Court has held that the statutory definition of sodomy creates three alternative means of engaging in that conduct: "(1) oral contact with male or female genitalia; (2) anal penetration of a male or female; and (3) sexual acts between a person and an animal." State v. Britt, 295 Kan. 1018, 1024-25 , 287 P.3d 905 (2012); see also State v. Dern, 303 Kan. 384, 396 , 362 P.3d 566 (2015) (statutory definition of sodomy provides three "alternative means" of committing the crime). | 1 | 2020–2020 |
State v. Timley
green
2 sentences2019See State v. Wright , 290 Kan. 194 , 206, 224 P.3d 1159 (2010) ; State v. Timley , 255 Kan. 286 , 289-90, 875 P.2d 242 (1994) ; see also Khan v. State , 204 P.3d 1036 , 1042 (Alaska Ct. App. 2009) (when a defendant is charged with a crime under more than one theory , the jurors need not unanimously agree on the theory that serves as the basis for the defendant's conviction, but the jurors must unanimously agree that the defendant committed the wrongful deed). "[A] statute-and any [jury] instruction that incorporates it-must list distinct alternatives for a material element of the crime , not m 2019See State v. Wright , 290 Kan. 194 , 206, 224 P.3d 1159 (2010) ; State v. Timley , 255 Kan. 286 , 289-90, 875 P.2d 242 (1994) ; see also Khan v. State , 204 P.3d 1036 , 1042 (Alaska Ct. App. 2009) (when a defendant is charged with a crime under more than one theory , the jurors need not unanimously agree on the theory that serves as the basis for the defendant's conviction, but the jurors must unanimously agree that the defendant committed the wrongful deed). "[A] statute-and any [jury] instruction that incorporates it-must list distinct alternatives for a material element of the crime , not m | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.