Law Review and Bar Journal References:

“The Worst of Both Worlds: How the Kansas Sentencing Guidelines Have Abandoned Juveniles in the Name of ‘Justice’,” William T. Stetzer, 35 W.L.J. 308 (1996).

“The Kansas Stalking Law: A ‘Credible Threat’ to Victims. A Critique of the Kansas Stalking Law and Proposed Legislation,” Callie Anderson Marks, 36 W.L.J. 468 (1997).

“2002 Legislative Wrap-Up,” Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

Attorney General’s Opinions:

Free speech; special interest groups. 81-159.

Open public records; use of names and addresses by publishing company to solicit advertising in newsletter published on behalf of state agency. 97-79.

Public records; unlawful use of information; standing requests prospective in nature; unreasonable burden. 1998-51.

CASE ANNOTATIONS

1. Constitutionality attacked; vague, indefinite, uncertain; held sufficiently explicit; sufficient definite warning as to proscribed conduct. State v. Gunzelman, 210 K. 481, 482, 483, 485, 486, 502 P.2d 705.

2. Conviction hereunder; evidence sufficient to support conviction; charges not duplicitous with charges under 21-3815. State v. Torline, 215 K. 539, 543, 527 P.2d 994.

3. Mentioned in upholding constitutionality of obscenity statute (K.S.A. 21-4301) by judicial construction. State v. Motion Picture Entitled “The Bet”, 219 K. 64, 70, 547 P.2d 760.

4. Defendant found guilty hereunder by communicating threat made by another. State v. Knight, 219 K. 863, 866, 549 P.2d 1397.

5. Terroristic threat may be inferred from physical act. State v. Miller, 6 K.A.2d 432, 434, 435, 436, 629 P.2d 748 (1981).

6. No error in appointing counsel over defendant’s objection when waiver not competently made or in requiring defense attorney to turn over evidence of crime. State v. Carlin, 7 K.A.2d 219, 220, 640 P.2d 324 (1982).

7. Threats made incidental to commission of rape will not support conviction for terroristic threats. State v. Reeves, 234 K. 250, 256, 671 P.2d 553 (1983).

8. Convictions of aggravated battery and terroristic threats not multiplicitous with aggravated kidnapping under circumstances. State v. Dubish, 234 K. 708, 717, 675 P.2d 877 (1984).

9. State sustained burden under juvenile code of establishing utterance of terroristic threat. Findlay v. State, 235 K. 462, 466, 681 P.2d 20 (1984).

10. Probable cause does not require specific evidence of each element of offense; totality of the circumstances test applied. State v. AbuIsba, 235 K. 851, 853, 685 P.2d 856 (1984).

11. Evidence of prior acts (independent of 60-455) between defendant and estranged wife discussed. State v. Mogenson, 10 K.A.2d 470, 701 P.2d 1339 (1985).

12. Responsibility of judge following preliminary hearing where probable cause shown (22-2902(3)) examined. State v. Puckett, 240 K. 393, 394, 729 P.2d 458 (1986).

13. Insanity defense (22-3219) as speedy trial delay (22-3402), diminished capacity instruction, ex parte order for psychiatric evaluation examined. State v. Maas, 242 K. 44, 744 P.2d 1222 (1987).

14. Consideration of separate indictments, prosecutorial misconduct in closing arguments examined. State v. Walker, 244 K. 275, 276, 768 P.2d 290 (1989).

15. Instructions on alternate lesser offenses, impossibility and terroristic threats examined; attempted murder evidence, sentence imposed examined. State v. DeHerrera, 251 K. 143, 144, 834 P.2d 918 (1992).

16. Police officer had probable cause to arrest plaintiffs and was immune from claim in his individual capacity. Harris v. Evans, 795 F.Supp. 1060, 1061, 1064 (1992).

17. Cited in holding trial court permitted to consider maximum penalties applicable for all convictions when committing to state mental institution (22-3430). State v. Finley, 18 K.A.2d 419, 420, 854 P.2d 315 (1993).

18. Requires proof of specific intent; specific intent distinguished from general intent. State v. Esher, 22 K.A.2d 779, 783, 922 P.2d 1123 (1996).

19. Trial court refusal to give jury instruction on disorderly conduct as a lesser included offense of criminal threat or battery upheld. State v. Butler, 25 K.A.2d 35, 38, 956 P.2d 733 (1998).

20. Section is not unconstitutionally broad or vague, but conviction is reversed as defendant’s statement “he was going to war with Johnson County” do not satisfy requirement of substantial competent evidence required for conviction. State v. Cope, 29 K.A.2d 481, 29 P.3d 974 (2001).

21. In case involving use of telephone to make criminal threat and harassment by telephone, caller ID information properly admitted. State v. Schuette, 273 K. 593, 44 P.3d 459 (2002).

22. Evidence held sufficient to support conviction for making criminal threat. State v. Cope, 273 K. 642, 44 P.3d 1224 (2002).

23. Key in determining whether prosecutor should be disqualified is whether prosecutor has a significant personal interest in case. State v. Cope, 30 K.A.2d 893, 50 P.3d 513 (2002).

24. Part of crime occurred in Kansas where criminal threat communicated to victim in Johnson County. State v. Woolverton, 35 K.A.2d 478, 490, 131 P.3d 1253 (2006).

25. Jurisdiction found; telephone made threat in one state but received in prosecuting state. State v. Woolverton, 284 K. 59, 67, 68, 159 P.3d 985 (2007).

26. Cited in finding K.S.A. 21-3435 creates a specific intent crime. State v. Richardson, 289 K. 118, 209 P.3d 696 (2009).

27. Cited as crime requiring a specific intent element. In re C.P.W. 289 K. 448, 213 P.3d 413 (2009).

28. Instruction on self-defense not warranted unless defendant used actual physical force; but see dissent. State v. Hendrix, 289 K. 859, 218 P.3d 40 (2009).

29. Three convictions hereunder upheld; defendant failed to show statements were one transaction or arose from same conduct. State v. Mendoza, 41 K.A.2d 996, 207 P.3d 1072 (2009).

30. State not required to prove the defendant knew threat would be communicated to the victim. State v. Quinones, 42 K.A.2d 48, 208 P.3d 335 (2009).

31. Sufficient evidence to support finding of criminal threat under the facts. State v. Rivera, 42 K.A.2d 914, 218 P.3d 457 (2009).

32. Two counts of criminal threat conviction held multiplicitous. State v. Whetstone, 43 K.A.2d 650, 229 P.3d 399 (2010).

33. Sufficient evidence showing defendant’s intent to terrorize victim during phone call supportive of criminal threat conviction. State v. Hernandez, 44 K.A.2d 524, 239 P.3d 103 (2010).

34. Single communicated threat constitutes only one offense even if perceived by multiple victims. State v. King, 297 K. 955, 305 P.3d 641 (2013).