21-3212.
History: L. 1969, ch. 180, § 21-3212; L. 2006, ch. 194, § 4; L. 2010, ch. 124, § 5; Repealed, L. 2011, ch. 30, § 288; July 1.
Law Review and Bar Journal References:
"Home on the Gun Range: Discussing Whether Kansas's New Stand Your Ground Statute Will Protect Gun Owners Who Use Disproportionate Force in Self-Defense," Annie Wells, 56 K.L.R. 983 (2008).
CASE ANNOTATIONS
1. Applied; under facts, instructions lacking on self-defense and defendant's theory of case; conviction of involuntary manslaughter reversed. State v. Farley, 225 Kan. 127, 134, 587 P.2d 337.
2. Mentioned in discussing meaning of "reasonable"; not unconstitutionally vague as used in K.S.A. 21-3608(1)(b). State v. Fisher, 230 Kan. 192, 193, 631 P.2d 239 (1981).
3. Use of force to protect one's dwelling does not violate 4 th Amendment rights of suspect. State v. Clothier, 243 Kan. 81, 83, 753 P.2d 1267 (1988).
4. Trial court has affirmative duty to instruct on all lesser included offenses established by the evidence, even if it is weak and inconclusive. State v. Ordway, 261 Kan. 776, 784, 934 P.2d 94 (1997).
5. Defense of justification not available to person attempting to commit, committing or escaping from commission of forcible felony. State v. Jacques, 270 Kan. 173, 14 P.3d 409 (2000).
6. Cited; alleged error in failing to give self-defense instruction; no error found. State v. Cook, 286 Kan. 1098, 1106, 191 P.3d 294 (2008).
7. Cited; court discusses both subjective and objective tests for justifiable use of force. McCracken v. Kohl, 286 Kan. 1114, 1118-1120, 191 P.3d 313 (2008).
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