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One Crime, Different Verdicts: Reconciling Felony Murder and Acquittal
Author: Staff Editor Brooke Peters State v. Cavitt, 595 P.3d 836 (Kan. 2026). Issue: Was there sufficient evidence to support the defendant’s conviction for felony murder based on aggravated robbery where the jury acquitted him of aggravated robbery? Answer: Yes. There was sufficient…
One Crime, Different Verdicts: Reconciling Felony Murder and Acquittal
Author: Staff Editor Brooke Peters State v. Cavitt, 595 P.3d 836 (Kan. 2026). Issue: Was there sufficient evidence to support the defendant’s conviction for felony murder based on aggravated robbery where the jury acquitted him of aggravated robbery? Answer: Yes. There was sufficient…
One Crime, Different Verdicts: Reconciling Felony Murder and Acquittal
Author: Staff Editor Brooke Peters State v. Cavitt, No. 127,479, 595 P.3d 836 (Kan. 2026). Issue: Was there sufficient evidence to support the defendant’s conviction for felony murder based on aggravated robbery where the jury acquitted him of aggravated robbery? Answer: Yes. There was…
Retroactive Double-Dipping Ban on Jail Credits is a No-Go
Author: Staff Editor Anna Chou State v. Channel, No. 129,134, (Kan. Ct. App. Oct. 9, 2026) Issue: Does statutory amendment to jail credit calculations violate the Ex Post Facto clause of the Constitution? Answer: Yes, because it makes punishment for the crime more burdensome after…
The Need for Specificity: When Courts Must Require a Bill of Particulars
State v. Bee, 592 P.3d 355 (Kan. Ct. App. 2026) Author: Staff Editor Eleanor Boone Issue: Did the district court abuse its discretion in denying the defendant’s motion for a bill of particulars pursuant to Kan. Stat. Ann. § 22-3201(f)? Answer: Yes. The court abused its discretion by…
The Expiration of Probation Exasperation
Author: Staff Editor Cole Abendroth State v. Douglas, No. 128,766 (Kan. Ct. App. July 31, 2026) Issue: For a six-month probation extension entered on July 24, 2023, does the probation extension expire on January 23, 2024? Answer: No, the probation extension would instead expire on January 24,…
Should I Stay or Should I Go?: Miranda Rights After Officers Leave the Interrogation Room
State v. Gardner, No. 129,439, 2026 WL 2794371, (Kan. Ct. App. Sept. 18, 2026)Author: Staff Editor Aidan BhargavaIssue: Are statements a defendant makes while alone in an interrogation room admissible when the statements occur between interrogation sessions conducted after the…
When the Victim Speaks: Admitting Statements Made by a Murder Victim
State v. Bey, No. 127,537, (Kan. Mar. 13, 2026). Staff Editor Sophia Zheng April 6, 2026 Issue: Did the district court err in admitting Sprague’s out-of-court statement that “if she ever died, [Bey] would be the one to kill her” under the necessity exception outlined in Kan. Stat. Ann. § 60-…
Not Every Robbery Is a Person Felony: Focusing on Statutory Elements
State v. Evans, 127,467, (Kan. Mar. 6, 2026). Staff Editor Bella Price March 21, 2026 Issue: Whether the State should divide and consider the separate elements of an out-of-state statute when classifying an out-of-state crime as a person or nonperson felony. Answer: Yes. The circumstances…
It Is Not Prosecutorial Error to Refute Defense’s Arguments
State v. Arroyo, No. 128,013, (Kan. Feb. 13, 2026). Staff Editor Mary Duncan March 14, 2026 Issue: Does a Prosecutor always error by suggesting that the defendant has just as much opportunity to put evidence before a jury as the Prosecution does? Answer: No. There is no prosecutorial…