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: Kansas Defenders

You can't be the offender and the victim in the same case [NOT FINAL]

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Paul Shipp over at a href="http://inrelm.blogspot.com/"Inre LM/a, noted that he recently won in a href="http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2008/20081212/100197.htm"In re E.R./a, No. 100,197 (Dec. 12, 2008), reversing a Finney County juvenile adjudication for a violation of Romeo and Juliet law. Here is Paul's succinct summary:br /blockquoteThe Kansas Court of Appeals has ruled that Juvenile's cannot be dually charged with a violation of the State's Romeo amp; Juliette law. /blockquoteIn other words if you have two underage kids fooling around together, you can't charge them both with sex (or whatever improper intimate contact) with another person who is under age.br /br /Here is a link to the entire blog entry, including links to the briefs in the case. And as Paul notes, if you have former clients with these types of convictions, or if you have clients who have such types of convictions in criminal history, think about a collateral attack. There is a pretty good argument that this type of ruling would apply retroactively.

Full post as published by Kansas Defenders on December 17, 2008 (boomark / email).