Month: September 2024

Wherefore Art Thou Romeo? Kansas Court of Appeals Finds the Romeo and Juliet Defense Inapplicable to K.S.A. § 21-5510(a)(4)

State v. Grant, No. 126,491 (Kan. Ct. App. Sept. 13, 2024). Author: Hannah Levy, Staff Editor Issue: Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)? Answer: No.  The Romeo and …

But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment

State v Nunez, No. 125,141 (Kan. Aug. 30, 2024). Author: Madi Stapleton, Staff Editor Issue: 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 …

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)

United States v. Capps, No. 23-3095 (10th Cir., Aug. 13, 2024). Author: Remi Moeller, Staff Editor Issue: Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take …