Month: May 2024

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Updated on September 10, 2024

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)

State v. Waldschmidt, No. 123,631 (Kan. Apr. 12, 2024). Author: Naomi Franklin, Staff Editor Issue: 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? Answer: No. …

Continue reading “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)”

Category: Kansas Criminal Procedure Survey, Statutory Interpretation, Trials Tags: , , ,

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Updated on September 10, 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

United States v. Hay, 95 F.4th 1304 (10th Cir. 2024). Author: Alex Falk, Staff Editor Issue: “Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?” Answer: Yes.  Surveillance does …

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Category: Investigation, Kansas Criminal Procedure Survey Tags: , , , ,

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Updated on September 10, 2024

Breaking the Age Limit: Compensating Juveniles for Wrongful Incarceration in Kansas

Author: Drew Elizabeth Davis, Comment Editor Intro In 2018, the Kansas Legislature enacted Section 60-5004 of the Kansas Statutes, which establishes “civil action[s] for persons who were wrongfully convicted and imprisoned.”[1] The statute provides that if an individual …

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