Legal Opinion

State v. Schreiner

Court of Appeals of Kansas

Decided November 4, 2011No. 104,149PublishedCited by 21 opinions

1Opinion of the Court

Atcheson, J.:

This case requires the court to look at alternative means challenges Defendant Joshua H. Schreiner asserts to convictions for raping and sodomizing his teenage daughter. As to the rape conviction, Schreiner contends the statutory language criminalizing “penetration” of the female genitalia by “a finger, the male sex organ, or any object” creates alternative means of committing the offense. We disagree. As to the aggravated criminal sodomy conviction, we hold Schreiner s alternative means challenge to be barred on appeal as invited error because his trial counsel requested the…

2Cases cited37 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Tibbs v. FloridaSupreme Court of the United States · 1982
  4. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  5. United States v. BatchelderSupreme Court of the United States · 1979

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3Cited by21 opinions

  1. State v. DernSupreme Court of Kansas · 2015
  2. State v. HargroveCourt of Appeals of Kansas · 2013
  3. State v. MurrinSupreme Court of Kansas · 2019
  4. Estate of Graber v. Dillon CompaniesSupreme Court of Kansas · 2019
  5. State v. BoydCourt of Appeals of Kansas · 2011

16 more not listed; retrieve them via the Exa API.

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