Month: January 2021
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …