Legal Opinion
State v. Jenkins
Supreme Court of Kansas
Decided September 7, 2012No. 100,396PublishedCited by 4 opinions
1Opinion of the Court
The opinion of the court was delivered by
Biles, J.:
After Kerry Jenkins was convicted of misdemeanor theft in municipal court for violating a Wichita city ordinance, his conviction was vacated and he was charged with and convicted of felony theft in state district court for the same offense. Jenkins argues double jeopardy attached to the municipal court proceeding, so the State’s felony theft prosecution is barred under the Double Jeopardy Clauses of the Fifth Amendment to tire United States Constitution and § 10 of the Kansas Constitution Bill of Rights, as codified at K.S.A. 21-3108. The…
2Cases cited25 opinions
- Serfass v. United StatesSupreme Court of the United States · 1975
- Waller v. FloridaSupreme Court of the United States · 1970
- Heath v. AlabamaSupreme Court of the United States · 1985
- Grafton v. United StatesSupreme Court of the United States · 1907
- City of Junction City v. LeeSupreme Court of Kansas · 1975
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3Cited by4 opinions
- Brunner v. City of ArnoldMissouri Court of Appeals · 2013
- Dwagfys Mfg., Inc. v. City of Topeka, Kan., Corp.Supreme Court of Kansas · 2019
- State v. CopridgeCourt of Appeals of Kansas · 2020
- State v. ThompsonCourt of Appeals of Kansas · 2020