 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Dixon6/3/2005
>
GARY RULON, C.J., assigned.
BEIER, J., concurring in part and dissenting in part
I concur in the majority's result and rationale as to all of the defendant's convictions except the two burglaries.
Although I was a member of the Court of Appeals panel that decided State v. Johnson, 27 Kan. App. 2d 921, 11 P.3d 67, rev. denied 270 Kan. 901 (2000), which relied on State v. Grissom, 251 Kan. 851, 840 P.2d 1142 (1992), to affirm a conviction based on alternative means despite insufficient evidence on one of the means, I have since come to believe that Johnson and Grissom were wrongly decided on this point. I would take this opportunity to disapprove Johnson and overrule Grissom for all of the reasons I have set forth in my article on multiple acts and alternative means cases. See Beier, Lurching Toward the Light: Alternative Means and Multiple Acts Law in Kansas, 44 Washburn L.J. 275, 297-99 (2005). And I would reverse the defendant's two burglary convictions as a straightforward and consistent application of our alternative means rule from State v. Timley, 255 Kan. 286, 289, 875 P.2d 242 (1994).
RULON, C.J., assigned, dissenting
While I agree with the majority there were errors in this trial, given the overwhelming nature of the evidence of guilt, the errors were harmless. See State v. Lumley, 266 Kan. 939, 959, 976 P.2d 486 (1999). I would affirm the convictions without any reservation.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Kansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|