Archive Search
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,…
Fictional Victim, Real Error: Misstating Venue Law in Closing Arguments
State v. Hartman, No. 127, 354, 2025 WL 2552314, (Kan. Ct. App. Sept. 5, 2025) Staff Editor Abby Brady September 21, 2025 Issue: Is it harmless error for a prosecutor to cite the wrong subsection of K.S.A 22-2619 to establish venue in closing arguments when venue could be established…
One Bourbon, One Scotch, One Claimed Blackout: All It Takes for a Voluntary Intoxication Instruction in Kansas
State v. Bobian, No. 127,139, 2025 WL 2426586 (Kan. August 22, 2025). Staff Editor Ed Gramling September 13, 2025 Issue: Is a jury instruction on the voluntary intoxication defense factually appropriate if a defendant only testifies that they consumed an intoxicating substance and were…
To THC or Not to THC: What Meets the Definition of Marijuana?
State v. Brown, No. 126,279, 2025 WL 2180381 (Kan. Aug. 1, 2025) Staff Editor Sadie McWilliams September 4, 2025 Issue: Is proof of THC required to establish distribution of marijuana under the Kansas Criminal Code and the Kansas Uniform Controlled Substances Act?[1] Answer: No. THC…
749 Days and a Sentencing Error: A Kansas Case Study into Kan. Stat. Ann. § 21-6615(a)
State v. Ervin, No. 126,747, 2025 WL 1088041 (Kan. Apr. 11, 2025). Author: Michael O’Keefe, Staff Editor Issue: Did the district court err in calculating Ervin’s jail-time credit by failing to award credit for all days he was incarcerated pending disposition of his case, as required by…