TOPEKA, Kan. (KSNW) – A previously overturned identity theft case will be brought to the U.S. Supreme Court this week.

On October 16, the court will hear the State’s appeal in Kansas v. Ramiro Garcia, an identity theft case arising from Johnson County.

Defendant Garcia’s conviction for identity theft was overturned by the Kansas Supreme Court, which ruled that federal immigration law preempts state criminal prosecutions for using false or stolen personal information if that false information also appears on the defendant’s federal immigration forms. The U.S. Supreme Court granted the State’s request to review that decision.

“The U.S. Supreme Court agrees to hear only about one percent of the cases they are asked to review each term,” Schmidt said. “It is highly unusual for a single state, especially a small state like Kansas, to have three cases pending before the Court simultaneously. We are working vigorously to prepare for these three arguments and look forward to presenting the State’s cases in the fall.”

Kansas last participated in oral argument at the U.S. Supreme Court in 2015, when the attorney general successfully argued that that the death sentences imposed on two capital murder defendants in Wichita and one in Great Bend did not violate the U. S. Constitution. Those cases were Kansas v. Jonathan and Reginald Carr and Kansas v. Sidney Gleason.

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