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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?…
Correcting Clear Error: Kansas Supreme Court Says That Unpreserved Jury-Instruction Issues Can No Longer Dodge the Plain Text of K.S.A. § 22-3414(3)
State v. Waldschmidt, No. 123,631 (Kan. Apr. 12, 2024) [pdf].Author: Naomi Franklin, Staff EditorIssue: Can an unpreserved jury-instruction issue that is not clearly erroneous dodge Kan. Stat. Ann. § 22-3414(3) and become part of cumulative-error analysis?Answer: No. An unpreserved jury-…
A Window to the Public Eye: Tenth Circuit Holds Using a Pole Camera Does Not Violate the Fourth Amendment If It Captures Activities Performed in Public View
United States v. Hay, 95 F.4th 1304 (10th Cir. 2024). Author: Alex Falk, Staff Editor Issue: “Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?” Answer: Yes. Surveillance does not violate the Fourth Amendment as long as it…
Breaking the Age Limit: Compensating Juveniles for Wrongful Incarceration in Kansas
Author: Drew Elizabeth Davis, Comment EditorIntroIn 2018, the Kansas Legislature enacted Section 60-5004 of the Kansas Statutes, which establishes “civil action[s] for persons who were wrongfully convicted and imprisoned.”[1] The statute provides that if an individual “was convicted of a felony…
RICO, We Have a Problem: Kansas Court of Appeals Finds That Juvenile Adjudications Are Included in the Definition of “Racketeering Activity” Under the Kansas RICO Act.
State v. Dixon, No. 125,992 WL 1335680 (Kan. Mar. 29, 2024) [pdf]Author: Claire Burns, Staff EditorIssue: Under the Kansas Racketeer Influenced and Corrupt Organizations Act (“Kansas RICO Act”), does the definition of "racketeering activity" include juvenile adjudications?Answer: Yes, the plain…
Lost in Translation? Interpreters’ Out-of-Court Statements Should Be Admissible Under Kan. Stat. Ann. § 60-460(d)(1)
By: Hayley Koontz, Comment EditorI. IntroductionMaria is in a hospital because she lost consciousness after her ex-boyfriend broke into her home and hit her repeatedly. Maria provides an account of her experience to a social worker. Maria speaks only Spanish, and the social worker…