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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) [pdf].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…
Two-For-One: Kansas Supreme Court Rules That Carjacker Can be Convicted of Aggravated Robbery of Car’s Passenger, Premeditation Can be Formed in Five Seconds
State v. Mendez, 559 P.3d 792 (Kan. 2024) [pdf].Author: Thea Hack, Staff EditorIssues: (1) In the context of a carjacking, can aggravated robbery of a vehicle be committed against a non-owner passenger of the vehicle? (2) Can premeditation be formed in five seconds?…
Counting Lessons for Lawyers: A “Third or Subsequent” Conviction Requires a Preexisting First and Second Conviction for Drug-Crime Sentencing
State v. Bell, No. 125,770, 2024 WL 5174550 (Kan. Ct. App. Dec. 20, 2024) [pdf].Author: Carson Schmidt, Staff EditorIssue: When sentencing for drug crimes, does K.S.A. § 21-6805(f)(1) use the “inclusive rule” for “third or subsequent felony [drug] conviction[s]”—such that when a defendant with…
To Group or Not to Group: U.S. Sentencing Guidelines Warrant Lenity when Grouping Charged and Uncharged Conduct
United States v. Tony, No. 23-2110 (10th Cir. Oct 29, 2024) [pdf].Author: Ben DeKoning, Staff EditorIssue: Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the underlying offense at which the obstructive…
Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants
In re Wrongful Conviction of Mashaney, No. 126,550, 2024 WL 4576237 (Kan. Oct. 25, 2024) [pdf].Author: Kaegan Cowan, Staff EditorIssue: In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the…
Addressing Egregious Misconduct: The Kansas Supreme Court holds that criminal defendants can forfeit the right to counsel
State v. Trass, No. 122,713, 2024 WL 4311525 (Kan. Sept. 27, 2024) [pdf].Author: Luke Arney, Staff EditorIssue: Can a criminal defendant forfeit the right to counsel through misconduct as a matter of law?Answer: Yes, a defendant can forfeit the right to counsel by engaging in…
The “Jigsaw Puzzle” of Determining Law Enforcement Misconduct: The Kansas Supreme Court finds no misconduct where interrogation utilized both the Reid Technique and deception
State v. Garrett.pdf, No. 124,329, 2024 WL 4245190 (Kan., Sept. 20, 2024) [pdf].Author: Alec Nee, Staff Editor Issue: Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations? Answer: Yes. Investigators…
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) [pdf]Author: Hannah Levy, Staff EditorIssue: 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) [pdf].Author: Madi Stapleton, Staff EditorIssue: 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 to the jury, and the defendant did…
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) [pdf].Author: Remi Moeller, Staff EditorIssue: Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take action without explaining the grounds for the request?…