Tag: Recklessness

Voluntary Intoxication Not a Defense to Reckless Homicide

State v. Claerhout, No. 115,227 (Kan. Dec. 6, 2019). Issue:  (1) Did the trial court correctly admit a past diversion agreement to demonstrate a a knowledge of the dangers of driving while intoxicated? (2) Is voluntary intoxication a …

“Reckless Disregard for Causing Fear” is Unconstitutionally Over Broad

State v. Boettger, No. 115,387 (Kan. Oct. 25, 2019). Issue: Is the Kansas criminal threat statute, which allows conviction if a person makes a threat in reckless disregard of causing fear, constitutionally over broad? Answer: Yes.  Recklessness is …