Legal Opinion · Dissent

State v. Toliver

Court of Appeals of Kansas

Decided January 29, 2016No. 111897Published

1DissentGardner, J.

Toliver does not argue, other than through a passing argument in his supplemental brief, that the search of his residence was arbitrary, capricious, or harassing, nor did he raise such an argument below. Accordingly, that issue is not before us. See State v. Kelly, 298 Kan. 965, 971, 318 P.3d 987 (2014) (issues not raised before the trial court cannot be raised on appeal); State v. Llamas, 298 Kan. 246, 264, 311 P.3d 399 (2013) (points raised incidentally in a brief and not argued are deemed waived and abandoned). Further, the State did not cross-appeal from the district court’s finding that…

2Cases cited15 opinions

  1. Hudson v. PalmerSupreme Court of the United States · 1984
  2. Griffin v. WisconsinSupreme Court of the United States · 1987
  3. United States v. KnightsSupreme Court of the United States · 2001
  4. State v. KellySupreme Court of Kansas · 2014
  5. State v. BennettSupreme Court of Kansas · 2009

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