2022 Criminal Procedure Survey Archive
Sept. 2022 - Dec. 2022
Every Breath(alyzer) You Take…Ask for an Attorney
Nov. 21, 2022
Whether Kan. Stat. Ann. § 8-1001(c)(1) (2019), which addresses breathalyzer tests for alcohol and drugs, requires an individual to request counsel after the administration of a breathalyzer test.
Whether Kan. Stat. Ann. § 8-1001(c)(1) (2019), which addresses breathalyzer tests for alcohol and drugs, requires an individual to request counsel after the administration of a breathalyzer test.
Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?
Oct. 24, 2022
Is an Intoxilyzer 9000 operator required to check a subject’s mouth before administering a breath test for the results to be admissible?
Is an Intoxilyzer 9000 operator required to check a subject’s mouth before administering a breath test for the results to be admissible?
Settling the USWNT v. USSF “Equal Pay for Equal Play” Dispute: How Class Action Certification Engenders Settlement and Why Weak or Goal-oriented Certification Analysis Deserves a Red Card
Sept. 19, 2022
Forum Post
Forum Post
Aug. 2022 - Sept. 2022
PIK Your Poison: Can the District Court Change Statutory PIK Instructions?
Sept. 15, 2022
Can the state district court change pattern instructions (“PIK instructions”) that otherwise track statutory language, so the instructions conform to the case’s facts?
Can the state district court change pattern instructions (“PIK instructions”) that otherwise track statutory language, so the instructions conform to the case’s facts?
Direct or Collateral? The District Court’s Duty to Establish a Knowingly Made Plea
Sept. 12, 2022
Did the district court violate defendant’s right to due process when it entered defendant’s nolo contendere plea to a felony without first warning him about the probable loss of voting or firearm-possession rights?
Did the district court violate defendant’s right to due process when it entered defendant’s nolo contendere plea to a felony without first warning him about the probable loss of voting or firearm-possession rights?
Roe, Roe, Roe, Your Vote: Biden’s Executive Order Protecting Access to Reproductive Healthcare Services and State Impact
Aug. 30, 2022
Forum Post
Forum Post
An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment
Aug. 22, 2022
Did the district court violate White’s right to present a defense when it excluded polygraph evidence?
Did the district court violate White’s right to present a defense when it excluded polygraph evidence?
Apr. 2022 - June 2022
“Speak Now or Forever Hold Your Peace”: Appellate Advocacy Basics in the World of Criminal Procedure
June 30, 2022
Did law enforcement violate Hillard’s constitutional rights when they failed to hold a hearing before sending his cell phone to a third-party corporation to be unlocked?
Did law enforcement violate Hillard’s constitutional rights when they failed to hold a hearing before sending his cell phone to a third-party corporation to be unlocked?
Reaching Conviction by Trial and Error: Amending Grand Jury Indictments
June 19, 2022
Whether an amended grand jury indictment was statutorily or constitutionally defective under Kan. Stat. Ann. § 22-3015 so as to deprive Keys of his constitutional right to a fair trial?
Whether an amended grand jury indictment was statutorily or constitutionally defective under Kan. Stat. Ann. § 22-3015 so as to deprive Keys of his constitutional right to a fair trial?
Equal Protection of the Laws is Not Discretionary
Apr. 20, 2022
Does § 21-6819 of the Kansas Sentencing Guidelines Act, which allows two or more criminal cases to be consolidated for trial if all charges could have been brought in one charging document, violate the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment when the base sentencing guidelines are applied separately in each case.
Does § 21-6819 of the Kansas Sentencing Guidelines Act, which allows two or more criminal cases to be consolidated for trial if all charges could have been brought in one charging document, violate the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment when the base sentencing guidelines are applied separately in each case.
Feb. 2022 - Apr. 2022
The Least Democratic Option: How Kansas Fills Vacant Supreme Court Seats
Apr. 3, 2022
Forum Post
Forum Post
Redlining: The Race-Based Exclusion of Services and the DOJ’s Initiative to Combat It
Feb. 28, 2022
Forum Post
Forum Post
Shifting Sands: Kansas’s Criminal Sentencing Guidelines
Feb. 21, 2022
Does the Kansas Sentencing Guidelines Act (“the Act”), K.S.A. §§ 21-6801–6824, require courts to classify crimes as person or nonperson at the time of the original sentence or at the time of the most recent crime?
Does the Kansas Sentencing Guidelines Act (“the Act”), K.S.A. §§ 21-6801–6824, require courts to classify crimes as person or nonperson at the time of the original sentence or at the time of the most recent crime?
Changing the Rules in the Middle of the Game: The Ex Post Facto Clause and Clarifying State v. Reese
Feb. 20, 2022
In State v. Reese, the Kansas Supreme Court held that courts should apply the version of Kansas’ DUI sentencing provisions—K.S.A. 8-1567—in effect at the time of sentencing, even if the statute changed since the offense occurred. Dwayne Patton committed a DUI before, but was sentenced after, the statute’s 2018 amendments came into effect. Do the 2018 amendments apply to Patton when the application of those amendments would increase his sentence?
In State v. Reese, the Kansas Supreme Court held that courts should apply the version of Kansas’ DUI sentencing provisions—K.S.A. 8-1567—in effect at the time of sentencing, even if the statute changed since the offense occurred. Dwayne Patton committed a DUI before, but was sentenced after, the statute’s 2018 amendments came into effect. Do the 2018 amendments apply to Patton when the application of those amendments would increase his sentence?
Jan. 2022 - Feb. 2022
Probation Revocation? Not if You’re a Day Late and a Procedure Short
Feb. 7, 2022
May a district court revoke a criminal defendant’s probation and remand the defendant to prison using procedures other than a warrant for arrest or notice to appear, more than 30 days after the period of probation ends?
May a district court revoke a criminal defendant’s probation and remand the defendant to prison using procedures other than a warrant for arrest or notice to appear, more than 30 days after the period of probation ends?
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Jan. 30, 2022
A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations occurred and scored both convictions as person felonies. When asked by the judge, the defendant admitted the criminal history was correct. Does a defendant’s admission to prior criminal history as set forth in a PSI relieve the state from having to produce additional evidence to support a criminal history score?
A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations occurred and scored both convictions as person felonies. When asked by the judge, the defendant admitted the criminal history was correct. Does a defendant’s admission to prior criminal history as set forth in a PSI relieve the state from having to produce additional evidence to support a criminal history score?
Quantity v. The Right Quantity: A Greater Quantity of Contraband Than a Lesser Charge Demands Can Support the Lesser Charge
Jan. 20, 2022
Under K.S.A. § 21-5705(a)(1) and (d)(3)(B), different amounts of methamphetamine are required for different levels of felony charges. When the statute’s plain language requires that an individual must be guilty of the crime within the corresponding parameters, and no other, and the individual possesses a quantity greater than those lesser parameters, must they be found not guilty of the crime charged?
Under K.S.A. § 21-5705(a)(1) and (d)(3)(B), different amounts of methamphetamine are required for different levels of felony charges. When the statute’s plain language requires that an individual must be guilty of the crime within the corresponding parameters, and no other, and the individual possesses a quantity greater than those lesser parameters, must they be found not guilty of the crime charged?