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· 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 CourtListener

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.