Printable Format

Previous | Next

Law Review and Bar Journal References:

Survey of criminal law, Dan Walter and Dick Ring, 15 W.L.J. 341, 343 (1976).

"Survey of Kansas Law: Criminal Law," Robert A. Wason, 32 K.L.R. 395, 418 (1984).

CASE ANNOTATIONS

1. Conviction for sale of marijuana; reliance on U.S. Supreme Court decisions did not exonerate defendant; reversed on other grounds. State v. Einhorn, 213 Kan. 271, 274, 275, 515 P.2d 1036.

2. Paragraph (2) construed and applied; defense based on mistake of law; subparagraph (c) applicable. State v. V.F.W. Post No. 3722, 215 Kan. 693, 694, 695, 696, 698, 527 P.2d 1020.

3. Cited; presumption that person possesses a free will and is accountable for his rational conduct; exceptions. State v. Jones, 2 Kan. App. 2d 220, 226, 577 P.2d 357.

4. Trial court refusal to give jury instruction on ignorance of mistake or fact upheld. State v. Neighbors, 21 Kan. App. 2d 824, 831, 908 P.2d 649 (1995).

5. Person's ignorance or mistake of law or fact is defense if mental state which the state must prove negated; no evidence to support giving of instruction on ignorance or mistake. State v. Lamae, 268 Kan. 545, 998 P.2d 106 (2000).

6. Evidence sufficient to support conviction for aggravated failure to appear despite reliance upon attorney's mistaken advice that appearance at hearing was unnecessary. State v. Diaz, 44 Kan. App. 2d 870, 241 P.3d 1018 (2010).

7. Defendant not entitled to a jury instruction on mistake of fact as the defense of mistake did not negate crime's required mental state. State v. Diaz, 44 Kan. App. 2d 870, 241 P.3d 1018 (2010).