State v. Bailey

Docket Number101785
Decision Date15 July 2011
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54 cases
  • State v. Chanthaseng
    • United States
    • Kansas Supreme Court
    • 9 Septiembre 2011
    ...he took this appeal; he therefore must show that the omission of an instruction on his age was clearly erroneous. State v. Bailey, 292 Kan. 449, ––––, 255 P.3d 19 (2011). Chanthaseng's argument that this failure to instruct was clear error relies upon statutory and constitutional interpreta......
  • State v. Rojas–Marceleno
    • United States
    • Kansas Supreme Court
    • 21 Septiembre 2012
    ...an alternative means crime is committed, unanimity instructions are not required in alternative means cases. See State v. Bailey, 292 Kan. 449, 458, 255 P.3d 19 (2011); State v. Sanborn, 281 Kan. 568, 569, 132 P.3d 1277 (2006) (“A unanimity instruction is used when the State charges one cri......
  • State v. Peppers
    • United States
    • Kansas Supreme Court
    • 4 Mayo 2012
    ...as a whole and not isolate any one instruction.’ State v. Appleby, 289 Kan. 1017, 1059, 221 P.3d 525 (2009).” State v. Bailey, 292 Kan. 449, 455, 255 P.3d 19 (2011). Peppers objected to the limiting instruction on gang evidence because of its language permitting consideration “for the purpo......
  • State v. Schreiner
    • United States
    • Kansas Court of Appeals
    • 4 Noviembre 2011
    ...instruction is given to the jury, the defendant cannot complain the requested instruction was error on appeal." State v. Bailey, 292 Kan. 449, 459, 255 P.3d 19 (2011).The Angelo decision is particularly instructive in demonstrating the efficacy of the invited error doctrine regarding jury i......
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