Legal Opinion

State v. Davis

Court of Appeals of Kansas

Decided February 8, 2013No. 107,186PublishedCited by 2 opinions

1Opinion of the Court

Leben, J.:

Katherine Davis stole goods from JC Penney, a retail merchant, and the district court ordered that she pay restitution to the merchant equal to the retail sales price of the items. Davis contends that the court should have awarded restitution only for the amount the merchant paid to buy the goods from its supplier.

But no evidence was presented in this case outlining any value other than the retail price of the goods, and no evidence showed that the recovery of that amount by the retailer would be inappropriate. Kansas statutes and caselaw emphasize that the district court has…

2Cases cited14 opinions

  1. State v. WardSupreme Court of Kansas · 2011
  2. Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
  3. Wolfe Electric, Inc. v. DuckworthSupreme Court of Kansas · 2011
  4. Johnson v. Westhoff Sand Co.Supreme Court of Kansas · 2006
  5. State v. HunzikerSupreme Court of Kansas · 2002

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

3Cited by2 opinions

  1. State v. HuffCourt of Appeals of Kansas · 2014
  2. State v. DavisCourt of Appeals of Kansas · 2014

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