To determine 'same offense' in a single-statute case, regarding multiplicity that affects double jeopardy, does the directive set forth by the United States Supreme Court still require courts to examine the unit-of-prosecution? If so, is Kansas improperly analyzing single-statute cases, such as Johnson's, by utilizing an inappropriate test?

QUESTIONS PRESENTED : Question |. To determine “same offense” in a single-statute case, regarding multiplicity that affects double . jeopardy, does the directive set forth by the United States Supreme Court still require courts to examine the If so, is Kansas improperly analyzing single-statute cases, such as Johnson’s, by utilizing an inappropriate test? : Question 2. By using the suffix “ion” and “—ing”, do statutes prohibit ongoing activity as opposed to finite acts? If so, does K.S.A. 27-5303 prohibit ongoing-type conduct? : : Question 3. What is the unit-of-prosecution for K.S.A. 21-5303 Solicitation? If such is ambiguous, does the rule of lenity apply? If it is “per ongoing objective,” as Johnson manifests, does the Fifth Amendment, multiplicity, or K.S.A. prevent a conviction and an acquittal on identical offenses, as in Johnson’s case? —or ts correction otherwise required? Question 4. Is K.S.4. 27-5303 unconstitutionally overbroad and vague — particularly due to its prohibition . of “encouraging”—-both facially and as applied to Johnson’s case? Is “encouraging” always ambiguous and overbroad, or only in the 10th Circuit and Kansas District court? Did the court charge and convict Johnson of an unconstitutional statute? Question 5. Does the First Amendment protect discussion of a crime? Can those words constitute specific advocating when a listener merely has a different impression ora vague opinion of such? Are Johnson’s words protected regardless of how they were subjectively interpreted, and after renunciation? Question 6. What are the exceptions to the invited error rule? Is an alternative means error an exception? Are state-created PIK instructions or legally infirm instructions an exception? If so, must Kansas courts, or this Court, consider Johnson’s instruction and alternative means issues or provide retrial? i