Legal Opinion · Dissent

State v. Jenkins

Supreme Court of Kansas

Decided September 7, 2012No. 100,396Published

1DissentJohnson, J.

I disagree with the majority opinion because I believe it to be logically unsound, completely impractical, and constitutionally offensive.

With apologies to Aristotle, I begin with a loose syllogism. K.S.A. 12-4104 provides: “The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.” Wichita is a Kansas municipality that has an ordinance (designated Wichita City Ordinance 5.42.010 [2005], petit theft) which prohibits the theft of property valued at under $1,000. Therefore, the municipal court in Wichita has…

2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. State v. GouldSupreme Court of Kansas · 2001
  3. State v. McCaslinSupreme Court of Kansas · 2011
  4. State v. MinorSupreme Court of Kansas · 1966
  5. State v. KembleSupreme Court of Kansas · 2010

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