Kane v. State
Annotate this CaseAfter a jury trial, Appellant was convicted for receiving stolen property. Appellant appealed, arguing (1) the evidence was insufficient to support the conviction, and (2) the trial court abused its discretion by failing to give one of her proposed jury instructions and by giving a final instruction that improperly instructed the jury on the mental state required to convict her. The court of appeals affirmed, holding, in relevant part, that the final instruction was deficient but that Appellant had failed to preserve the instructional issue for appeal. The Supreme Court disagreed and reversed, holding (1) Appellant did not waive her claim of instructional error; (2) the final instruction given to the jury was an incorrect statement of the law because it did not include a mental state; and (3) the error was not harmless. Remanded for retrial.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.