Month: October 2021

Prison Gerrymandering: The Practice of Counting Inmates as Residents for Political Representation and the State Action Needed to End It

More than 2 million people are incarcerated in the United States[1]––the vast majority of whom cannot vote.[2]  Yet, in most states, incarcerated people are counted for political representation purposes in the voting districts in which they are incarcerated.[3] …

The Criminal Restitution Statutes: Severing the Problematic Portions to Protect the Right to a Jury

Sarah Schmitz, Staff Editor State v. Arnette, No. 112,572, (Kan. Oct. 15, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/112572_3.pdf?ext=.pdf Issue: Under Kan. Stat. Ann. § 21-6604(b)(2) and Kan. Stat. Ann. § 22-3424(d)(1), criminal restitution shall be collected and enforced as a civil judgment …

Cumulative Error Analysis: Why Courts Need to Consider the Benefit Received by Opposing Party when Prejudicial Information is Presented

Stephany Rohleder, Staff Editor State v. Taylor, No. 118,792, (Kan. Oct. 8, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/118792_1.pdf?ext=.pdf Issue:  The Kansas Court of Appeals found five errors when Taylor appealed his criminal conviction.  Four errors were not reversible either collectively or individually.  …