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Mootness After Sentence Completion: A Prudential Analysis
Author: Michael Raven, Comments EditorState v. Roat, Nos. 113,531 and 113,532(Kan., June 19, 2020) [pdf] Issue: Is an appeal to correct an illegal sentence moot if the petitioner already completed the sentence and has no other collateral injury to redress?Answer: Yes. A petitioner's…
Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops
Kansas v. Glover, 140 S.Ct. 1183 (2020) [pdf].Issue: When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the driver sufficient to give the officer a reasonable suspicion of…
Defendant’s Responsibility for Fact Finding in Constitutional Sentencing Challenges
State v. Espinoza, No. 118,737 (Kan. Apr. 24, 2020) [pdf].Issue: Whether a high court must remand a case to the lower court to develop the necessary factual record for an as-applied challenge to a sentence arguing it was constitutionally impermissible under section 9 of the Kansas Constitution Bill…
Understanding Jury Trial Waivers
State v. Harris, No. 117,362 (Kan., Apr. 17, 2020) [pdf]Issue: Is telling both your attorney, who has informed you of your rights, and the district court, which asks for a choice between a “bench trial and the case decided by a judge,” enough to constitute a knowing and voluntarily waiver of…
Criminal History Calculations with Prior In-State Convictions
State v. Coleman, No. 115,293 (Kan. Apr. 3, 2020) [pdf]Issue:When calculating criminal history with prior in-state convictions committed before Kansas Sentencing Guidelines reform, does the Wetrich “identical-or-narrower” test apply?Answer:Yes. The elements of the prior in-state crime cannot…
Social Distancing Forces Modernization of Kansas Notary Laws
Emily LeikerEmily is a 3L at the University of Kansas School of Law. Emily received her Bachelor of Arts in Tourism and Hospitality Management from Fort Hays State University. Professionally, Emily is interested in public interest work and employment law. Outside of law school, Emily enjoys…
Voting in Kansas Under COVID-19: How a 2019 Elections Bill Could Offer Protections
Andi LeuszlerAndi is a 3L at the University of Kansas School of Law. She attended the University of Kansas for her Bachelor’s degree, where she studied Microbiology and Political Science. Professionally, Andi is interested in litigation. Kansas City Joe’s and Nelson-Atkins are her favorite…
Court Videoconferencing and Deadline Extensions
2020 Kan. Sess. Laws Ch. 4 (S.B. 102) [pdf]Summary:The House Substitute for Senate Bill 102 allows the Chief Justice of the Kansas Supreme Court to extend any statutory deadline and to authorize video conferences in any court proceeding, when necessary for public health and safety.Discussion:This…
A Taser is a Deadly Weapon
State v. Carter, No. 116,223 (Kan. Mar. 6, 2020) [pdf]Issue: Is a taser a "deadly weapon" within the meaning of Kan. Stat. Ann. § 22-4902(e)(2)?Answer: Yes, a taser is a "deadly weapon" because a taser could be used in a deadly manner.Facts: In May 2015, Tabitha Carter robbed a Wichita Dollar…
Payment Plans for Restitution
State v. Roberts, No. 120,377 (Kan. Ct. App. Feb. 21, 2020) [pdf].Issue: Did the district court illegally sentence a defendant by failing to establish a payment plan when ordering her to pay restitution?Answer: Yes, the plain language of Kan. Stat. Ann. § 21-6604(b)(2) requires courts to establish…