· 3/13/2015
State v. Salary
Citations
- 301 Kan. 586
- 343 P.3d 1165
- 2015 Kan. LEXIS 171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- clarifying that Ward standard for nonconstitutional error governs district court's failure to give requested jury instruction on lesser included offense
- declining to address additional sentencing issue as moot, once hard 50 sentence vacated for violating United States Constitution
- finding harmless error in the failure to instruct on voluntary manslaughter given strong evidence of premeditation
- finding defendant's use of a handgun to shoot victim multiple times supported inference of premeditation
- finding error in declining to give lesser-included-offense instruction asserting self-defense harmless in 19 light of strong evidence of premeditation and weak evidence of honest belief of need to employ deadly force
- \[L]eaving a confrontation with an individual and then returning with a loaded firearm and shooting that same person . . . typically [renders a person] ineligible for a self-defense instruction\ under Kansas caselaw.
Source: CourtListener parenthetical corpus (CC0).
Judges: Malone, Michael, Nuss
Read full opinion on CourtListenerSourced 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.