State v. Berkstresser
| Docket Number | 122557 |
| Decision Date | 02 December 2022 |
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7 cases
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State v. Cupp
... ... Vargas , 313 Kan. 866, ... 873, 492 P.3d 412 (2021). Therefore, "[w]hen a jury ... returns guilty verdicts on two alternatively charged counts, ... a district court may enter only one conviction." 313 ... Kan. 866, Syl. ¶ 2; see State v. Berkstresser , ... 316 Kan. 597, 607, 520 P.3d 718 (2022) ... Such ... merger is precisely what occurred here, and the district ... court explicitly addressed this issue on the record, entering ... a conviction only on Count 1. There was no ... legal error ... ...
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State v. Spilman
...the jury would have reached a different verdict if the instructional error had not occurred. State v. Berkstresser, 316 Kan. 597, 605-06, 520 P.3d 718 (2022). Spilman cannot establish that burden in this case. Substantial evidence presented at the trial showed that Spilman participated in t......
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State v. Money
... ... Kan. 1439, 1451, 430 P.3d 448 (2018). In other words, Money ... has the burden on appeal to firmly convince us that the jury ... would have reached a different verdict had a parental ... discipline instruction been given. See State v ... Berkstresser , 316 Kan. 597, 605, 520 P.3d 718 (2022) ... (citing State v. Solis , 305 Kan. 55, 65, 378 P.3d ... 532 [2016]). However, we need not reach the reversibility ... issue if we determine that the parental discipline ... instruction was not both legally and factually ... ...
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State v. Harpe
...only if it is "firmly convinced the jury would have reached a different verdict had the instructional error not occurred." Berkstresser, 316 Kan. at 605. argues that, by not instructing on the lesser offense, the trial court left the jury in the position of acquitting Harpe or convicting hi......
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