2023 Criminal Procedure Survey Archive
Sept. 2023 - Dec. 2023
The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition
Nov. 13, 2022
Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is being sentenced?
Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is being sentenced?
The Perfect Chance to Re-Formulate an Imperfect Instruction
Sept. 25, 2022
When defense counsel proposes a confusing and legally incorrect version of an imperfect self-defense jury instruction, and the defense is supported by evidence at trial, does the court have a duty to formulate and offer a correct version of the instruction?
When defense counsel proposes a confusing and legally incorrect version of an imperfect self-defense jury instruction, and the defense is supported by evidence at trial, does the court have a duty to formulate and offer a correct version of the instruction?
I take back what I said: Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea
Sept. 14, 2022
Is a key witness’s testimonial recantation sufficient new evidence for courts to permit an untimely motion to withdraw plea?
Is a key witness’s testimonial recantation sufficient new evidence for courts to permit an untimely motion to withdraw plea?
Apr. 2023 - Sept. 2023
$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis
Sept. 1, 2022
Should courts impose special assessments under the Justice for Victims of Trafficking Act (“JVTA”)—charges of $5,000 to any non-indigent person or entity convicted of a covered offense—on a per-count or per-offender basis?
Should courts impose special assessments under the Justice for Victims of Trafficking Act (“JVTA”)—charges of $5,000 to any non-indigent person or entity convicted of a covered offense—on a per-count or per-offender basis?
A Step in the Right Direction: The District of Kansas says the Kansas Two-Step violates the 4th Amendment
Aug. 24, 2022
Does the “Kansas Two-Step”—where an officer concludes a traffic stop and immediately begins a casual conversation with the driver to attempt to develop reasonable suspicion—violate the 4th Amendment?
Does the “Kansas Two-Step”—where an officer concludes a traffic stop and immediately begins a casual conversation with the driver to attempt to develop reasonable suspicion—violate the 4th Amendment?
Feb. 2023 - Apr. 2023
199A Deductions for Laboratory Facilities: Defining the Field of Health Using Section 448's Function Tes
Apr. 17, 2023
Forum Post
Forum Post
The Ivy League’s Ban on Athletic Scholarships: An Honest Run at “Education Through Athletics”[1] or An Illegal Price-Fixing Agreement?
Mar. 30, 2023
Forum Post
Forum Post
Para, Para, Para, Para, Paraphernalia: Single or Plural under Kansas Law?
Feb. 17, 2023
Is “drug paraphernalia” in Kan. Stat. Ann. § 21-5709(b) plural?
Is “drug paraphernalia” in Kan. Stat. Ann. § 21-5709(b) plural?
You're either in or you're out! K.S.A. § 60-455(g) is an Exhaustive List and Limits Propensity Evidence
Feb. 7, 2023
Is the definition of “act or offense of sexual misconduct” in Kan. Stat. Ann. § 60-455(g) exhaustive?
Is the definition of “act or offense of sexual misconduct” in Kan. Stat. Ann. § 60-455(g) exhaustive?
Jan. 2023
Giving Credit Where Credit is Due: Defendants are Entitled to All Time Served on Concurrent Sentences for Consolidated Cases
Jan. 13, 2023
When an individual is serving a concurrent sentence on consolidated cases, are they entitled to jail credit for all the time served while their cases were pending?
When an individual is serving a concurrent sentence on consolidated cases, are they entitled to jail credit for all the time served while their cases were pending?