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STATE v. CHANEY

No. 79,003.

269 Kan. 10 (2000)

5 P.3d 492

STATE OF KANSAS, Appellee, v. JASON EUGENE CHANEY, Appellant.

Supreme Court of Kansas.

Opinion filed April 21, 2000.

Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, argued the cause, and Stacy Patterson, student intern, and Jessica R. Kunen, chief appellate defender, were with him on the brief for appellant.

Keith E. Schroeder, deputy district attorney, argued the cause, and Timothy J. Chambers, district attorney, and Carla J. Stovall, attorney general, were with him on the briefs for appellee.

The opinion of the court was delivered by

SIX, J.:

Jason Chaney, age 18, was convicted of raping 14-year-old K.G. who was too intoxicated to consent to sex. The Court of Appeals, in an unpublished opinion, reversed Chaney's conviction reasoning that, because the victim said "no" and called out for help, she was both sober enough to refuse sex and sober enough to consent to sex. The reversal is based solely on K.G.'s ability to say "no" and call for help during...

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