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Supreme Court of Kansas· 12/5/2008

State v. Baker

Citations

  • 197 P.3d 421
  • 287 Kan. 345
  • 2008 Kan. LEXIS 694

How courts have described this case

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

  • stating that to establish guilt on basis of aiding and abetting, State must show that defendant knowingly associated with unlawful venture and participated in a manner indicating he or she was facilitating success of venture
  • reviewing prosecutor’s alleged misstatement of the law in context of entire closing argument and instructions given to jury
  • “In order to establish a claim based in negligence, a plaintiff must establish the existence of a duty, a breach of that duty, an injury, and proximate cause, which means a causal connection between the duty that was breached and the injury.”
  • because defendant was away from threatening party for 10 minutes, no compulsion instruction was required; no rational fact-finder could conclude that reason for defendant's failure to escape from compulsion was because of lack of reasonable opportunity to do so
  • to establish guilt on the basis of aiding and abetting, the State must show that a defendant knowingly associated with the unlawful venture and participated in such a way as to indicate he or she was facilitating the success of the venture
  • to constitute defense of compulsion, coercion or duress must be present, imminent, impending, and continuous and defense cannot be invoked by one who had reasonable opportunity to escape or avoid doing act without undue exposure to immediate death or serious bodily harm

Source: CourtListener parenthetical corpus (CC0).

Judges: Nuss

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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