Supreme Court of Kansas· 8/24/2012

State v. Simmons

Citations

295 Kan. 171
283 P.3d 212
2012 WL 3631508
2012 Kan. LEXIS 449

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing \misdemeanor battery is a lesser degree of the crime of severity level 4 felony aggravated battery\
finding that simple battery is a lesser included offense of aggravated battery
finding simple misdemeanor battery is a lesser degree of the crime of severity level 4 felony aggravated battery
skip rule “not amenable to mechanical application; rather, it should be viewed as simply providing a route to harmlessness”
“The courts duty to instruct on lesser included crimes is not foreclosed or excused just because the lesser included crime may be inconsistent with the defendants theory of defense.”
simple batteiy instruction should have been given in aggravated batteiy case; juiy should decide how to classify evidence on manner in which defendant inflicted bodily harm, despite “I-did-not-hit-her” trial defense

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson

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