Supreme Court of Kansas· 9/6/2019

State v. Toothman

Citations

448 P.3d 1039

How courts have described this case

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

affirming as right for the wrong reason that portion of Court of Appeals' decision reaching correct outcome despite erroneous reasoning
stating general rule that courts should afford parties a fair opportunity to brief new issue and present positions before issue finally determined
modified version of aggravated incest not more specific than aggravated criminal sodomy or rape because modified version criminalizes otherwise lawful conduct, and aggravated criminal sodomy and rape are not otherwise lawful conduct
\'[W]hen \an appellate court raises a new issue sua sponte, counsel for all parties should be afforded a fair opportunity to brief the new issue and to present their positions to the appellate court before the issue is finally determined.\'\

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