Month: November 2018

A Message from the Editor in Chief

The University of Kansas Law Review is pleased to announce the launch of its all-new Kansas Criminal Procedure Blog, the new home for the Kansas Criminal Procedure Survey.  The Criminal Procedure Survey is a long-standing tradition of the …

Drivers May Have Apparent Authority to Consent to Search of Passenger’s Bag

State v. Bogges, No. 111,361 (Kan. Aug. 24, 2018) Issue: If a driver gives permission to search his car, a law enforcement officer can search bags in the car so long as it’s reasonable to believe the driver had authority …

Violations of Broader Municipal DUI Ordinances Don’t Count Under § 8-1567(i)

State v. Gensler, No. 112,523 (Kan. Aug. 10, 2018). 423 P.3d 488 Issue: 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 …

Marital Discord Isn’t Always a § 60-455 “Crime or Civil Wrong”

State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018).  Issue: 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 …

Courts Don’t Have to Explain Denials of Downward Departures

State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica’s law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot …