362 P.3d 606
Kan. Ct. App.2015Background
- Ochoa-Lara was convicted of two counts of identity theft after a bench trial on stipulated facts.
- Ochoa-Lara argued IRCA preempts state prosecution for identity theft based on unlawful use of another's Social Security number.
- District court granted motions to dismiss certain aspects and allowed splitting count 1 into two due to Kansas statute changes.
- Count 1 covered conduct pre- July 1, 2011 and count 2 post- July 1, 2011; Ochoa-Lara did not argue multiplicity before the district court.
- Convictions were based on stipulation that Ochoa-Lara used another person's SSN to obtain employment and to complete a W-4.
- Court held IRCA does not preempt Kansas identity theft prosecutions and that multiplicity issue was not properly preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IRCA preemption of state identity theft prosecutions | Ochoa-Lara argues IRCA preempts state identity theft prosecution | State argues IRCA does not preempt Kansas identity theft statutes | IRCA does not preempt the state prosecutions |
| Multiplicity of counts | Ochoa-Lara argues counts are multiplicitous | State contends counts were proper given statute change | Issue not reached; abandoned for lack of preservation |
Key Cases Cited
- Chamber of Commerce of United States v. Whiting, 131 S. Ct. 1968 (U.S. 2011) (IRCA preemption framework; I-9 defense for good-faith compliance)
- Arizona v. United States, 567 U.S. _ (U.S. 2012) (preemption considerations in immigration context (discussed for framework))
- Reynua, 807 N.W.2d 473 (Minn. App. 2011) (state identification-card-related challenges to IRCA preemption)
- Williams, 298 Kan. 1075 (Kan. 2014) (Rule 6.02(a)(5) briefing requirements; preservation of issues)
- Godfrey, 301 Kan. 1041 (Kan. 2015) (preservation exceptions for raising issues on appeal)
- Altria Grp., Inc. v. Good, 555 U.S. 70 (U.S. 2008) (historic police powers not superseded absent clear intent)
- Medtronic, Inc. v. Lohr, 518 U.S. 470 (U.S. 1996) (statutory preemption framework context)
- Whiting, 563 U.S. 582 (U.S. 2011) (IRCA provisions; I-9 form limitations)