Supreme Court of Kansas· 3/9/2001
State v. Murphy
Citations
- 19 P.3d 80
- 270 Kan. 804
- 2001 Kan. LEXIS 159
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing defendant's lack of criminal history, which was \not sufficient to justify a departure\ on its own because it had been taken into account on criminal sentencing grid, \could be considered in overall picture\
- likening the lawful act of the victim in Murphy to the lawful act of the law enforcement officer in Sopho-phone and adopting the reasoning of Sophophone
- considering the factors in totality with other factors such as the defendant’s young age and acknowledging that employment record is not enough on its own to justify departure
- felony-murder rule inapplicable when killing caused by lawful acts of innocent victim of aggravated robbery and kidnapping acting in self-defense to protect his residence and its occupants
- abrogated on other grounds by Martin, 285 Kan. 735, 175 P.3d 832
- family support properly considered as mitigating factor favoring departure sentence
Source: CourtListener parenthetical corpus (CC0).
Judges: Larson, McFarland, Abbott, Davis
Read full opinion on CourtListenerCited by
25 cases in this archive cite this case; the 20 most cited are listed.
- State v. BeachSupreme Court of Kansas· 2003-04-25· cited 74×
- State v. SpencerSupreme Court of Kansas· 2011-03-18· cited 73×
- State v. BirdSupreme Court of Kansas· 2013-11-22· cited 64×
- Laymon v. StateSupreme Court of Kansas· 2005-11-10· cited 55×
- State v. BlackmonSupreme Court of Kansas· 2008-02-01· cited 55×
- Easterwood v. StateSupreme Court of Kansas· 2002-04-19· cited 37×
- State v. SophophoneSupreme Court of Kansas· 2001-03-09· cited 32×
- Kinchion v. StateCourt of Criminal Appeals of Oklahoma· 2003-12-12· cited 32×
- State v. TheurerCourt of Appeals of Kansas· 2014-11-21· cited 23×
- State v. PearceSupreme Court of Kansas· 2021-12-17· cited 22×
- State v. HaneyCourt of Appeals of Kansas· 2005-08-05· cited 15×
- State v. UsseryCourt of Appeals of Kansas· 2005-08-05· cited 14×
- Wilson v. StateCourt of Appeals of Kansas· 2003-07-03· cited 12×
- State v. BryantSupreme Court of Kansas· 2003-10-31· cited 11×
- State v. MartinSupreme Court of Kansas· 2005-06-03· cited 9×
- State v. MartinezCourt of Appeals of Kansas· 2007-08-17· cited 9×
- State v. PollmanCourt of Appeals of Kansas· 2019-05-10· cited 9×
- State v. ThomasCourt of Appeals of Kansas· 2009-01-09· cited 5×
- State v. BenoitCourt of Appeals of Kansas· 2002-06-28· cited 5×
- State v. MartinCourt of Appeals of Kansas· 2004-04-02· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
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