Month: December 2019

You Plead Insanity, I Plead Insanity, We All Plead Insanity: United States Supreme Court Reviews Whether Lack of an Insanity Defense is Unconstitutional

On October 7, 2019, the Supreme Court heard oral arguments about Kansas’s lack of insanity defense, specifically whether it violates the Eighth or Fourteenth Amendment. In 2009, James Kahler was convicted of capital murder and sentenced to death …

Police Officers Exceed Scope of Welfare Check

State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019) Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he …

Searching for the Seriously Injured

Kansas v. Fisher, No. 120,031 (Kan. Ct. App. Nov. 8, 2019) Issue: The emergency aid exception to the Fourth Amendment’s bar on warrantless searches requires an objectively reasonable belief that someone injured is inside. Can officers comply with …