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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 CourtListener

Cited by

25 cases in this archive cite 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.