· 4/28/2006
State v. Schoonover
Citations
- 281 Kan. 453
- 133 P.3d 48
- 2006 Kan. LEXIS 229
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that there can only be one conviction for the unit of prosecution
- recognizing it may not always be necessary to apply the same-elements test; there may be circumstances where the legislature’s intent is otherwise clear
- recognizing it may not always be necessary to apply the same-elements test; there may be circumstances where the legislature's intent is otherwise clear
- holding trial court's decision to credit magistrate's testimony that prior contact with defendant did not affect issuance of warrant was not subject to challenge on appeal from adverse ruling on suppression motion
- considering, and ultimately rejecting, continued application of the \single act of violence/merger\ analysis to evaluate multiplicity
- referring to these cases as “multiple description cases” cases and noting the Double Jeopardy Clauses also protect against second prosecution for same offense after either acquittal or conviction
Source: CourtListener parenthetical corpus (CC0).
Judges: Luckert, Lockett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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