Month: January 2021

When the Right to Protest is Not Created Equal

By now, everyone has seen coverage of the riot at the Capitol on January 6, 2021.  The largely ceremonial certification of election results became violent when protestors-turned-rioters broke into the Capitol building.  They overturned barricades, smashed windows, and …

Court of Appeals Greenlights Legislature on Severe Punishments for Failing to Register

State v. Genson, No. 121,014, (Kan. Ct. App., Dec. 18, 2020). Author: Ryan Gordon, Associate Editor Issue: Is the Kansas Offender Registration Act (KORA) unconstitutional because it criminalizes failure to register as a level six person felony without …

Supplementing the Pattern Premeditation Jury Instruction: Necessary or Unnecessarily Confusing?

Author: Dahnika Short, Staff Editor State v. Stafford, No. 120,481 (Kan. Dec. 23, 2020) Issue: Was the addition of a Bernhardt instruction to the premeditation Pattern Instruction for Kansas (PIK) confusing and therefore legally inappropriate? Answer: No.  There …

There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History

Author: Randall Willnauer, Staff Editor State v. Gales, No. 119,302 (Kan. Dec. 4, 2020) Issue: Kansas courts score a defendant’s prior criminal history by determining, in part, whether a defendant’s out-of-state offenses were person or nonperson felonies. This …

Selective Mercy – Clemency and the Holiday Season

            President Trump’s recent pardons of Roger Stone, Paul Manafort, Charles Kushner, and four former military contractors drew headlines, but the President is not the only executive wielding pardon power.[1]  In December 2020, multiple Governors granted clemency in …

The Language Conduit Rule: Admitting Interpreters’ Hearsay Statements in Kansas

Author: Cayce Good, Staff Editor State v. Gutierrez-Fuentes, No. 120,339, (Kan. Ct. App., Nov. 25, 2020) Issue:  Under Kan. Stat. Ann. § 60-460, statements made by a person other than a witness testifying in court are considered inadmissible …