Month: January 2019
Updated on September 10, 2024
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …
Updated on September 10, 2024
Publicly-Parked Car Not Seized After Arrest
State v. Parker, No. 112,959 (Kan. Dec. 7, 2018) Issue: Parker was arrested outside his locked car. His car sat in a public parking lot until a drug dog arrived to sniff the vehicle. Was his car unlawfully “seized” by the officers during this time? …
Updated on September 10, 2024
Marijuana Odor Can Justify Probable Cause
State v. Hubbard, No. 113,888 (Kan. Dec. 7, 2018) Issue: Can marijuana odor supply probable cause? Answer: Yes, based on the totality of the circumstances including: proximity, strength of odor, the investigating officer’s experience, etc.
Updated on September 10, 2024
Officers Cannot Search Containers of Already-Identified Drivers Involved in Accident Without a Warrant
State v. Evans, No. 119,458 (Kan. Nov. 21, 2018) Issue: The “community caretaking” exception to the warrant requirement allows officers to conduct limited warrantless searches. Evans, who had already identified herself to officers, was taken from the scene of a car …
Updated on September 10, 2024
Simultaneous Consideration No Longer Required for Kansas Homicide Instructions
State v. Sims, No. 115,038 (Kan. Nov. 30, 2018) Issue: The Kansas Supreme Court has previously held that courts must instruct juries to consider both greater and lesser offenses simultaneously in homicide cases. After years of criticism, should courts still require simultaneous instructions? Answer: No. Requiring …
Updated on September 10, 2024
Arrests on Outstanding Warrants Don’t Justify Searches of Bags Outside the Owner’s Control
State v. Ritchey, No. 118,905, (Kan. Ct. App. Nov. 2, 2018) Issue: Law enforcement may conduct a warrantless, though limited, “search incident to arrest” under the Fourth Amendment. Officers arrested Ritchey pursuant to an outstanding warrant. Could they …
