Supreme Court of Kansas· 7/22/2011

State v. Berry

Citations

254 P.3d 1276
292 Kan. 493
2011 Kan. LEXIS 245

How courts have described this case

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

holding lesser included offense instructions should issue in felony-murder cases if there is some evidence that would reasonably justify conviction of the lesser included crime
overruling judicially created felony-murder instruction rule that had permitted lesser included offense instructions only when evidence of the underlying felony was weak, inconclusive, or conflicting
overruling decades-old court-made special rule for lesser included offense instructions on felony murder in favor of applying K.S.A. 22-3414[3] as written
overruling precedent and utilizing K.S.A. 22-3414(3) to analyze lesser included offense instructions in felony murder cases
overruling prior caselaw that exempted felony murder from K.S.A. 22-3414(3)’s requirements
felony murder requires that “the death must be within the res gestae of the underlying crime, regardless of the sequence of events leading to the death”

Source: CourtListener parenthetical corpus (CC0).

Judges: Biles, Johnson, Davis, Beier

Read full opinion on CourtListener

Cited by

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

Cites

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

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.