Month: February 2022

Redlining: The Race-Based Exclusion of Services and the DOJ’s Initiative to Combat It

On October 22, 2021, the U.S. Department of Justice announced the launch of its “Combatting Redlining Initiative.”[1]  The initiative’s enforcement efforts against redlining are being led by the DOJ’s Housing and Civil Enforcement Section in collaboration with U.S. …

Shifting Sands: Kansas’s Criminal Sentencing Guidelines

Doug Bartel, Staff Editor State v. Terrell, No. 122,680 (Kan. Feb. 18, 2022) Issue: 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 …

Changing the Rules in the Middle of the Game: The Ex Post Facto Clause and Clarifying State v. Reese

State v. Patton, No. 120,434, (Kan. Feb. 11, 2022). Issue:  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 …

Probation Revocation? Not if You’re a Day Late and a Procedure Short

Katelyn Girod, Staff Editor State v. Darkis, No. 122,706, (Kan. Jan. 28, 2022) Issue: 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 …