State V. Harris, No
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 116,515 STATE OF KANSAS, Appellee, v. CHRISTOPHER M. HARRIS, Appellant. SYLLABUS BY THE COURT The residual clause "or any other dangerous or deadly cutting instrument of like character" in K.S.A. 2019 Supp. 21-6304 is unconstitutionally vague because it fails to provide an explicit and objective standard of enforcement. Review of the judgment of the Court of Appeals in an unpublished opinion filed January 19, 2018. Appeal from Sedgwick District Court; JOHN J. KISNER, JR., judge. Opinion filed July 17, 2020. Judgment of the Court of Appeals affirming in part and reversing in part the district court is reversed. Judgment of the district court is reversed, and the case is remanded with directions. Kasper C. Schirer, of Kansas Appellate Defender Office, argued the cause, and Kimberly Streit Vogelsberg and Clayton J. Perkins, of the same office, were on the briefs for appellant. Matt J. Maloney, assistant district attorney, argued the cause, and Marc Bennett, district attorney, and Derek Schmidt, attorney general, were with him on the briefs for appellee. The opinion of the court was delivered by STEGALL, J.: In Kansas, it is a crime for a convicted felon to possess a knife. At first blush, the statute appears straightforward. But the statute defines a knife as "a 1 dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character." K.S.A. 2019 Supp. 21-6304. And figuring out when an object is a "knife" because it is a "dangerous or deadly cutting instrument of like character" is not as easy as one might suppose.
[Show full text]