Month: January 2024
Updated on September 10, 2024
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
State v. O’Brien, No. 124,524, 2024 WL 62815 (Kan. Ct. App. Jan. 5, 2024). Gabby Phillips, Staff Editor Issue: Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore …
Updated on September 10, 2024
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
State v. Peterson, No. 125,504 (Kan. App. Dec. 29, 2023) Joshua Lollar, Staff Editor Issue: Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process? …
Updated on September 10, 2024
Timing is Everything: When is it Proper to Invoke the Right to Post-Evidentiary Breath Test Counsel?
State v. Kerrigan, No. 123,862 WL 7931255 (Kan. Nov. 17, 2023). Claire Burns, Staff Editor Issue: Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. …
