Month: October 2019
Updated on September 10, 2024
“Reckless Disregard for Causing Fear” is Unconstitutionally Over Broad
State v. Boettger, No. 115,387 (Kan. Oct. 25, 2019). Issue: Is the Kansas criminal threat statute, which allows conviction if a person makes a threat in reckless disregard of causing fear, constitutionally over broad? Answer: Yes. Recklessness is …
Updated on September 10, 2024
Updated Transitional Release Requirements
In re Care & Treatment of Quillen, No. 120, 184 (Kan. Ct. App. Oct. 18, 2019). Issue: Is the State required to prove “serious difficulty in controlling behavior,” when arguing a person does not meet the qualifications for …
Updated on September 10, 2024
U.S. Supreme Court to Review Whether an Officer Can Initiate a Traffic Stop Based Solely upon the Status of the Registered Owner
On November 4, 2019, the U.S. Supreme Court will hear oral arguments to review the Kansas Supreme Court’s recent ruling in Kansas v. Glover. [efn_note] 422 P.3d 64 (Kan. 2018). [/efn_note] In Kansas v. Glover, the Kansas Supreme …
Updated on September 10, 2024
Protection from Stalking Orders Cannot Restrict Speech
State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019). Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in …
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Updated on September 10, 2024
Party Benefitting from Erroneous Judicial Comment Bears Burden
State v. Boothby, No. 116,505 (Kan. Sept. 6, 2019). Issue: A district judge made an erroneous comment regarding Boothby’s case in front of the jury. Is an erroneous judicial comment made in front of a jury that is not part …
Category: Kansas Criminal Procedure Survey, Trials, Uncategorized Tags: Erroneous Comments, Judicial comment error, Judicial error, Judicial Misconduct