2024 Criminal Procedure Survey Archive
Oct. 2024 - Nov. 2024
Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants
Nov. 16, 2024
In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the criminal accusation presented are terminated and the defendant is relieved of the accusation’s criminal liability?
In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the criminal accusation presented are terminated and the defendant is relieved of the accusation’s criminal liability?
To Group or Not to Group: U.S. Sentencing Guidelines Warrant Lenity when Grouping Charged and Uncharged Conduct
Nov. 13, 2024
Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the underlying offense at which the obstructive conduct was directed under § 3D1.2(c).
Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the underlying offense at which the obstructive conduct was directed under § 3D1.2(c).
Addressing Egregious Misconduct: The Kansas Supreme Court holds that criminal defendants can forfeit the right to counsel
Oct. 10, 2024
Can a criminal defendant forfeit the right to counsel through misconduct as a matter of law?
Can a criminal defendant forfeit the right to counsel through misconduct as a matter of law?
The “Jigsaw Puzzle” of Determining Law Enforcement Misconduct: The Kansas Supreme Court finds no misconduct where interrogation utilized both the Reid Technique and deception
Oct. 3, 2024
Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations?
Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations?
May 2024 - Sept. 2024
Wherefore Art Thou Romeo? Kansas Court of Appeals Finds the Romeo and Juliet Defense Inapplicable to K.S.A. § 21-5510(a)(4)
Sept. 23, 2024
Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)?
Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)?
But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment
Sept. 9, 2024
Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented to the jury, and the defendant did not waive his or her jury trial right?
Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented to the jury, and the defendant did not waive his or her jury trial right?
Speak Now or Forever Hold Your Peace: Tenth Circuit Finds That a Party Must Provide Grounds to Preserve a Request for Action Under Criminal Rule 51(b)
Sept. 2, 2024
Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take action without explaining the grounds for the request?
Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take action without explaining the grounds for the request?
Correcting Clear Error: Kansas Supreme Court Says That Unpreserved Jury-Instruction Issues Can No Longer Dodge the Plain Text of K.S.A. § 22-3414(3)
May 13, 2024
Can an unpreserved jury-instruction issue that is not clearly erroneous dodge Kan. Stat. Ann. § 22-3414(3) and become part of cumulative-error analysis?
Can an unpreserved jury-instruction issue that is not clearly erroneous dodge Kan. Stat. Ann. § 22-3414(3) and become part of cumulative-error analysis?
Apr. 2024 - May 2024
A Window to the Public Eye: Tenth Circuit Holds Using a Pole Camera Does Not Violate the Fourth Amendment If It Captures Activities Performed in Public View
May 13, 2024
“Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?”
“Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?”
Breaking the Age Limit: Compensating Juveniles for Wrongful Incarceration in Kansas
May 1, 2024
Forum Post
Forum Post
RICO, We Have a Problem: Kansas Court of Appeals Finds That Juvenile Adjudications Are Included in the Definition of “Racketeering Activity” Under the Kansas RICO Act.
Apr. 19, 2024
Under the Kansas Racketeer Influenced and Corrupt Organizations Act (“Kansas RICO Act”), does the definition of “racketeering activity” include juvenile adjudications?
Under the Kansas Racketeer Influenced and Corrupt Organizations Act (“Kansas RICO Act”), does the definition of “racketeering activity” include juvenile adjudications?
Lost in Translation? Interpreters’ Out-of-Court Statements Should Be Admissible Under Kan. Stat. Ann. § 60-460(d)(1)
Apr. 19, 2024
Forum Post
Forum Post
Mar. 2024 - Apr. 2024
Lucky Number 13: Why Courts have Discretion to Allow Debtors to Cure Chapter 13 Arrearages after Five Years
Apr. 15, 2024
Forum Post
Forum Post
Resolving Ambiguity: Kansas Supreme Court Says “Lesser Crime” in Kan. Stat. Ann. § 21-5109(b)(2) Means “a Crime with a Lesser Penalty”
Apr. 11, 2024
Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)?
Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)?
(Unallocated) Space, the Final Frontier: New Interpretations of What Constitutes Possession of Child Pornography
Mar. 28, 2024
Does child pornography stored within a computer’s unallocated space constitute possession of child pornography?
Does child pornography stored within a computer’s unallocated space constitute possession of child pornography?
G.O.[ing] Away from McCarther: Kansas’s Reliability Standard as a Test for the Voluntariness of Confessions is Inapposite to the Fourteenth Amendment Due Process Clause
Mar. 28, 2024
Does Kan. Stat. Ann. § 60-460(f)(2)(B)’s hearsay exception—or its reliability standard—apply when courts decide whether a defendant’s confession to police was involuntary?
Does Kan. Stat. Ann. § 60-460(f)(2)(B)’s hearsay exception—or its reliability standard—apply when courts decide whether a defendant’s confession to police was involuntary?
Jan. 2024 - Feb. 2024
No Slack for Flack: Context, Clarity, and Pleading The 5th through an Aggregate of Statements in Kansas
Feb. 13, 2024
Can a defendant invoke his right to remain silent by repeating “take me to jail” and similar statements?
Can a defendant invoke his right to remain silent by repeating “take me to jail” and similar statements?
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
Jan. 26, 2024
Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore on cross-examination?
Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore on cross-examination?
A Continuance by Any Other Name: Kansas Court of Appeals Finds that Trial, not Dismissal with Prejudice, is Appropriate Remedy for State’s Abuse of Process
Jan. 26, 2024
Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process?
Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process?
Beyond Age Limits: Parental Discipline as a Defense for Parents of Majority Aged Children
Jan. 10, 2024
Is the parental-discipline defense to a domestic-battery charge available when the child is 18 years old, living at home, and attending high school?
Is the parental-discipline defense to a domestic-battery charge available when the child is 18 years old, living at home, and attending high school?
Jan. 2024
Timing is Everything: When is it Proper to Invoke the Right to Post-Evidentiary Breath Test Counsel?
Jan. 10, 2024
Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. § 8-1001(c)(1) (2019)?
Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. § 8-1001(c)(1) (2019)?