Month: February 2025

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Updated on February 27, 2025

Innocent on Paper, Guilty at Heart Kansas Supreme Court Clarifies the Meaning of “Actual Innocence” for Wrongful Conviction Actions

In re Wrongful Conviction of Warsame, No. 126,950, 2025 WL 496667 (Kan. Feb. 14, 2025). Author: Peyton Emler, Staff Editor Issue: Can a claimant receive wrongful conviction compensation if they are found guilty of the statutory elements of the …

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Posted on February 16, 2025

Anything Officers Say Can and Will Be Used Against Them: The Kansas Court of Appeals Finds Another Instance of a Detective Downplaying Miranda

State v. Reynolds, No. 126,940, 2025 WL 438959 (Kan. Ct. App. Feb. 7, 2025). Author: Hadley Sayers, Staff Editor Issue: Does a detective downplay the significance of the Miranda warning by saying that the warning is just part of their paperwork? Answer: Yes. …

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Updated on February 10, 2025

How Would You Like to Pay?  Kansas Court of Appeals Holds That a Defendant Cannot Be Ordered to Use a Specific Asset to Pay Restitution

Kansas v. Smith, No. 126,038, 2025 WL 350217 (Kan. Ct. App. Jan. 31, 2025). Author: Michael Moore, Staff Editor Issue: Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life …

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Posted on February 5, 2025

A Limitation on Lawrence: Why Lawful Consent is not a Legal Defense to Child Pornography Possession in Kansas

State v. Sanders, No. 126,406, 2025 WL 63422 (Kan. App. 2025). Author: Lucas Dorrell, Staff Editor  Issue:  Does K.S.A. § 21-5510(a)—which criminalizes the creation and possession of child pornography—unconstitutionally criminalize “private sexual conduct”[1] under the 14th Amendment Substantive Due Process Clause …

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