Supreme Court of Kansas· 10/25/2019

State v. Johnson

Citations

450 P.3d 790

How courts have described this case

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

holding that the portion of K.S.A. 2018 Supp. 21-5415(a)(1) regarding a \reckless\ criminal threat to be unconstitutional
recognizing, in context of family's relationship, Johnson's threat to kill his mother could have been made with no intent for the threat to be taken literally
using the surrounding circumstances to determine if Johnson committed an intentional threat and remanding to determine if the conviction still stands in light of State v. Boettger, 310 Kan. 800, 450 P.3d 805 [2019]
evidence supported findings of both reckless and intentional criminal threat, but that was not enough to show jury convicted defendant of the intentional offense
jury's verdict can only stand on the particular means of committing the crime for which it is instructed

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