State v. Toliver
Annotate this CaseAfter a bench trial, Defendant was found guilty of, among other crimes, battery against a law enforcement officer. The conviction arose from Defendant's act of spitting on Brian Johnson, a detective for the Riley County Police Department. The Court of Appeals reversed the conviction for felony battery against a law enforcement officer as charged under Kan. Stat. Ann. 21-5413(c)(3)(D), concluding that the State failed to prove that Johnson was a correctional officer or employee. The Supreme Court affirmed the judgment of the Court of Appeals and vacated the felony conviction and sentence for battery against a law enforcement officer, holding that because Johnson was not a correctional employee at the time of the spitting incident, Defendant was convicted of a crime for which the State failed to charge or prove all of the elements.
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.