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Apples and . . . More Apples: When Crimes are Comparable for Sentencing
State v. McCray, No. 125,798, (Kan. Dec. 12, 2025). Staff Editor Keith Marshall February 23, 2026 Issue: When Kansas courts decide whether an out-of-state conviction counts as a “person” crime for sentencing, do they consider the manner of liability? Answer: Not for crimes committed before Kansas…
Passcodes and the Fifth Amendment: When Must Police Re-Mirandize? Kansas Weighs In
State v. Harris, No. 125,936, (Kan. 2025). Staff Editor Trey Bohlender February 22, 2026 Issue: Whether detectives violated Harris’s Fifth Amendment privilege against self-incrimination by compelling him to involuntarily disclose his cell phone passcodes. Answer: No. Because the…
Conclusory Suppression Motion Preserves Nothing for Appeal
State v. Anderson, No. 126,770, (Kan. Jan. 13, 2026). Staff Editor Louis Christifano Jr. February 3, 2026 Issue: Did a defendant preserve a Fourth Amendment issue for appeal when his motion to suppress at trial alleged merely conclusory statements and stipulated facts, without explaining how…
Following Instructions: Factual Applicability of Child Endangerment and Self-Defense Jury Instructions
State v. Butler, No. 127,378, (Kan. Jan. 9, 2026). Staff Editor Landon Sloan January 24, 2026 Issue: Was refusing to instruct the jury on misdemeanor endangering a child harmless error and was an instruction on self-defense factually applicable when the defendant fired a gun towards fleeing…
The Verdict: State Affirms its Precedent for Possession
State v. Cantu, No. 128,032, 2025 WL 3043344 (Kan. Ct. App., Oct. 31, 2025). Staff Editor Lauren Fallis November 15, 2025 Issue: To convict a defendant of methamphetamine possession, must the State prove both that the defendant possessed the methamphetamine, and that the…
Attempted Felony to Felony Murder: Establishing Res Gestae When the Underlying Charge is an Inchoate Crime
State v. Palmer, No. 127,505, 2025 WL 2990012 (Kan. Oct. 24, 2025). Staff Editor Alex Davis November 8, 2025 Issue: When the predicate offense charged under felony murder was merely attempted aggravated robbery, does the res gestae element include only those events occurring during the…
Unobscured Interpretation: No Traffic Stops for Illegible State Name
State v. Beck, No. 126,350 (Kan. Oct 10, 2025). Staff Editor William Mitchelson October 20, 2025 Issue: Does partial obstruction of the state name on a license plate violate Kan. Stat. Ann. § 8-133 and, consequently, furnish reasonable suspicion to execute a traffic stop?…
State v. Watie Highlights “Absurd” Outcomes Possible under Ervin
State v. Watie, No. 127,509 (Kan. Ct. App. Sept. 26, 2025). Staff Editor David Holt October 14, 2025 Issue: May a defendant’s jail credits earned for time spent imprisoned be applied to sentences for two separate charges even if it effectively eliminates the consecutive sentence…
Ineffective Counsel or Client’s Mistake: The Test of Effective Counsel
United States v. Olea-Monarez, No. 23-3249, 2025 WL 2659249 (10th Cir. Sep. 17, 2025). Staff Editor Amreen Sauji October 2, 2025 Issue: Whether Olea-Monarez was provided effective counsel at the plea-bargaining phase? Answer: No. Olea-Monarez’s attorney did not provide…
A Tale of Two Standards: Self-Defense Testimony Cannot be Contradicted with Preliminary Evidence
State v. Riggins, No. 126,841, 2025 WL 2630031, (Kan. Ct. App. 2025). Staff Editor Jeremey Beckner September 27, 2025 Issue: May district courts rely on testimony from preliminary hearings to decide immunity under Kan. Stat. Ann. § 21-5231? Answer: No. If a defendant requests an immunity hearing,…