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23 Kansas opinions name it 2 courts 2006–2024 5 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. Schoonovergreen2 sentences2024The same-elements test, however, "is merely a rule of construction that courts use to divine legislative intent." Hensley, 298 Kan. at 435 ; see also Schoonover, 281 Kan. at 504 . 2020The same-elements test "'is concerned solely with the statutory elements of the offenses'" and "'has nothing to do with the evidence presented at trial.'" Schoonover, 281 Kan. at 467 . | 4 | 16 |
State v. Hensleygreen2 sentences2024The same-elements test, however, "is merely a rule of construction that courts use to divine legislative intent." Hensley, 298 Kan. at 435 ; see also Schoonover, 281 Kan. at 504 . 2022The court held that as a result, this statute "supplants the same-elements test" or the identity of elements test. 298 Kan. at 436 . | 1 | 3 |
State v. Walkergreen2 sentences2008See State v. Walker, *815 283 Kan. 587, 611 , 153 P.3d 1257 (2007); see also State v. Schoonover, 281 Kan. 453, 490-91 , 133 P.3d 48 (2006) (recognizing it may not always be necessary to apply the same-elements test; there may be circumstances where the legislature's intent is otherwise clear). 2008See State v. Walker, *815 283 Kan. 587, 611 , 153 P.3d 1257 (2007); see also State v. Schoonover, 281 Kan. 453, 490-91 , 133 P.3d 48 (2006) (recognizing it may not always be necessary to apply the same-elements test; there may be circumstances where the legislature's intent is otherwise clear). | 1 | 2 |
Albernaz v. United Statesgreen2 sentences2013See Albernaz v. United States, 450 U.S. 333, 340 , 101 S. Ct. 1137 , 67 L. 2013See Albernaz v. United States, 450 U.S. 333, 340 , 101 S. Ct. 1137 , 67 L. | 1 | 1 |
State v. Kinggreen2 sentences2013See State v. King, 297 Kan. 955, 971-72 , 305 P.3d 641 (2013) (courts turn to legislative history only when statute is not plain and unambiguous). 2013See State v. King, 297 Kan. 955, 971-72 , 305 P.3d 641 (2013) (courts turn to legislative history only when statute is not plain and unambiguous). | 1 | 1 |
State v. Cherrygreen1 sentence2006Cherry, 279 Kan. at 541 (possession of ephedrine and possession of drug paraphernalia statutes are “overlapping rather than identical”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Dixon
green
2 sentences2024Under that test we examine "'whether each offense contains an element not contained in the other; if not, they are the "same offense" and double jeopardy bars additional punishment and successive prosecution.'" 281 Kan. at 467 (quoting United States v. Dixon, 509 U.S. 688, 696 , 113 S. Ct. 2849 , 125 L. 2006Ed. 2d 187 , 97 S. Ct. 221 (1977), the Court stated: “This test emphasizes the elements of the two crimes.” Later, the Court clarified: “The same-elements test, sometimes referred to as the ‘Blockburger test, inquires whether each offense contains an element not contained in the other; if not, they are the ‘same offence’ and double jeopardy bars additional punishment and successive prosecution.” Dixon, 509 U.S. at 696 . | 2 | 2006–2024 |
Missouri v. Hunter
green
2 sentences2020To illustrate we cited to the United States Supreme Court's decision in Missouri v. Hunter, 459 U.S. 359 , 103 S. Ct. 673 , 74 L. 2020To illustrate we cited to the United States Supreme Court's decision in Missouri v. Hunter, 459 U.S. 359 , 103 S. Ct. 673 , 74 L. | 2 | 2007–2020 |
State v. Henwood
green
2 sentences2022He analogizes this issue to State v. Henwood, 243 Kan. 326 , 756 P. 2d 1087 (1988), where the Kansas Supreme Court held that venue cannot be used to constitute a "separate element" under the same-elements test of double jeopardy. 2022He analogizes this issue to State v. Henwood, 243 Kan. 326 , 756 P. 2d 1087 (1988), where the Kansas Supreme Court held that venue cannot be used to constitute a "separate element" under the same-elements test of double jeopardy. | 1 | 2022–2022 |
State v. Patten
green
2 sentences2006Patten and the Same-Elements Test Since oral arguments in this case, we decided State v. Patten, 280 Kan. 385 , 122 P.3d 350 (2005), which held that the same-elements test would be applied in Kansas. 2006Patten and the Same-Elements Test Since oral arguments in this case, we decided State v. Patten, 280 Kan. 385 , 122 P.3d 350 (2005), which held that the same-elements test would be applied in Kansas. | 1 | 2006–2006 |
State v. Garcia
green
2 sentences2006Thus, we will analyze Schoonover’s claims of multiplicity under both the common-law elements test and also die single act/ merger test as set forth by the court in Garcia, [ 272 Kan. 140 , 32 P.3d 188 (2001)] and Groves.” Schoonover, slip op. at 10. *475 Of these two tests, only the same-elements test is applied under a Fifth Amendment analysis. 1. 2006Thus, we will analyze Schoonover’s claims of multiplicity under both the common-law elements test and also die single act/ merger test as set forth by the court in Garcia, [ 272 Kan. 140 , 32 P.3d 188 (2001)] and Groves.” Schoonover, slip op. at 10. *475 Of these two tests, only the same-elements test is applied under a Fifth Amendment analysis. 1. | 1 | 2006–2006 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.