2018 Criminal Procedure Survey Archive
2018 CPS Blog Posts
Courts Don't Have to Explain Denials of Downward Departures
Nov. 7, 2018
If the court hears aggravating factors during the sentencing hearing, must it explain its decision-making to show that it didn’t weigh aggravating factors?
If the court hears aggravating factors during the sentencing hearing, must it explain its decision-making to show that it didn’t weigh aggravating factors?
Marital Discord Isn’t Always a § 60-455 “Crime or Civil Wrong”
Nov. 7, 2018
The Kansas Rules of Evidence prohibit using evidence of past “crimes or civil wrongs” as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past “crime or civil wrong”?
The Kansas Rules of Evidence prohibit using evidence of past “crimes or civil wrongs” as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past “crime or civil wrong”?
Continued
Violations of Broader Municipal DUI Ordinances Don't Count Under § 8-1567(i)
Nov. 19, 2018
K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal ordinance is broader than the Kansas DUI statute. Gensler was convicted of prior DUI in violation of Wichita’s DUI ordinance. Does the prior conviction count under § 8-1567(i)?
K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal ordinance is broader than the Kansas DUI statute. Gensler was convicted of prior DUI in violation of Wichita’s DUI ordinance. Does the prior conviction count under § 8-1567(i)?
Drivers May Have Apparent Authority to Consent to Search of Passenger's Bag
Nov. 19, 2018
When the driver consented to a search of the vehicle, was it reasonable for the officer to believe the driver had authority to consent to the bag’s search?
When the driver consented to a search of the vehicle, was it reasonable for the officer to believe the driver had authority to consent to the bag’s search?
A Message from the Editor in Chief
Nov. 19, 2018
Introduction to the new Kansas Criminal Procedure Survey published by the Kansas Law Review.
Introduction to the new Kansas Criminal Procedure Survey published by the Kansas Law Review.