Get Your Signals Straight

On February 24, 2009 Mr. Shigemura was pulled over for failing to use his turn signal when crossing toll plaza lanes, he was attempting to reach the only toll booth open, which was the “last one on the very right side of the roadway.”  United States v. Kitchell, 653 F.3d 1206, 1211 (10th Cir. 2011).  It took Trooper Hyde 21 minutes and 45 seconds to issue Mr. Shigemura a warning ticket.  Id. at 1218.  Because Mr. Shigemura and his passengers, including defendant Kitchell, were unable to tell the trooper the same story as to why they were traveling in a rental car and the multiple tasks Trooper Hyde had to perform in examining three individuals (driver, front seat passenger, back seat passenger) the lengthy traffic stop was not found to be unreasonable.  Id.  In the end, back seat defendant John Kitchell was arrested and convicted for possessing firearms (found in the trunk of the car).  Id.  at 1211. 

If you have questions or concerns regarding what you considered a unreasonably lengthy traffic stop contact Lindsey and Dionne at www.ericksonscherff.com for counsel and assessment of your charges. 

Say what you Mean... Mean what you say...

On July first the Kansas Court of Appeals held that the terms “obtains” and “exerts control over” in the theft statute did not create an alternative means that requires the state to prove both means.  State v. Rollins, 46 Kan. App. 2d 17, 20, 257 P.3d 839, 843 (2011). Defendant Rollins, a Wall Ties employee, stole “skids” of aluminum forms on the evening of July 31, 2008.  His actions were caught by nighttime videos.  Id.  at 19. 

During trial, Rollins argued that the state had failed to prove both means of the crime of theft, pursuant to the statute.  Id.  at 20.   Looking to the plain meaning of the statute, the court concluded that there is “no quantifiable difference between the actions that constitute obtaining or exerting; these words create a distinction without a difference.  One must necessarily obtain property one has exerted control over, and one must necessarily exert control over property one has obtained.” 

If you have questions or concerns regarding a theft charge, contact Lindsey and Dionne atwww.ericksonscherff.com for counsel and assessment of your claims.  

Get Your Story Straight....

In June of 2009 highway troopers pulled up behind the stopped vehicle of defendant, Thomas Perkins.  State v. Perkins, 46 Kan. App. 2d 121, 122 (2011).  According to the passenger, he and Perkins were switching drivers because Perkins’ back was hurting, when in fact he was highly intoxicated.  Id.  But, while at trial, Perkins and the passenger testified that the passenger had been driving the entire time and that they only pulled over when Perkins got sick.  The jury didn’t buy it.  Id. 

On appeal, Perkins argued that there was insufficient evidence to support that he was driving or attempting to drive a vehicle under the influence.  Id. at 123.  The Kansas Court of Appeals held that attempting to operate a vehicle, functionally operates as an alternative means of driving under the influence.  Id. at 121.  

If you have questions or concerns regarding a DUI offense contact Lindsey and Dionne at www.ericksonscherff.com for counsel and assessment of your claims.