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Supplementing the Pattern Premeditation Jury Instruction: Necessary or Unnecessarily Confusing?
Author: Dahnika Short, Staff EditorState v. Stafford, No. 120,481 (Kan. Dec. 23, 2020) [pdf] Issue: Was the addition of a Bernhardt instruction to the premeditation Pattern Instruction for Kansas (PIK) confusing and therefore legally inappropriate?Answer: No. There was potential for jury…
There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History
Author: Randall Willnauer, Staff EditorState v. Gales, No. 119,302 (Kan. Dec. 4, 2020) [pdf]Issue: Kansas courts score a defendant's prior criminal history by determining, in part, whether a defendant's out-of-state offenses were person or nonperson felonies. This is done by determining whether the…
Selective Mercy – Clemency and the Holiday Season
Michael RavenComments editorMichael is a 3L at the University of Kansas School of Law. He earned his undergraduate degree in philosophy and political science from the University of Kansas and a master’s degree in international relations from the London School of Economics and Political…
The Language Conduit Rule: Admitting Interpreters’ Hearsay Statements in Kansas
Author: Cayce Good, Staff EditorState v. Gutierrez-Fuentes, No. 120,339(Kan. Ct. App., Nov. 25, 2020) [pdf]Issue: Under Kan. Stat. Ann. § 60-460, statements made by a person other than a witness testifying in court are considered inadmissible hearsay unless they fall within an exception.[1]…
2020 Election Sees Oregon Take a Bold New Step in Decriminalizing Hard Drug Possession. Will Other States Follow?
Caleb Kampsen Associate Editor Caleb Kampsen is a 3L at the University of Kansas School of Law. He earned his Bachelor of Science in Journalism and his Bachelor of Arts in Political Science from the University of Kansas. Caleb is interested in civil litigation and trial work, as well…
Consent to Search Can be Given by Gestures, Kansas Supreme Court Clarifies
Author: Andrew Tague, Staff EditorState v. Daino, No. 120,824, (Kan. Nov. 13, 2020) [pdf]Issue: The Fourth Amendment of the U.S. Constitution and section 15 of the Kansas Constitution Bill of Rights permit warrantless searches of an individual's residence if the individual consents to the search.…
Breonna Taylor's Murder: When Legal Definitions Don't Reflect Reality
Shelby Sternberg MoylanComments editorShelby Sternberg is a 3L at the University of Kansas. She earned her Bachelor of Journalism degree from the University of Missouri. Shelby is interested in corporate law, especially work in mergers and acquisitions, and private equity. In…
Local Governments Act When States and the Federal Government Refuse to Lower Penalties for Small Drug Offenses
Howard MahanComments editorHoward Mahan is a 3L at the University of Kansas. He earned his bachelor's degree in business management his MBA from Kansas Wesleyan University. Howard is interested in corporate, environmental, and renewable energy law. Outside of law school, Howard is an active…
No Retroactive Application: Probation Revocation and the 2019 Amendments
Author: Parker Bednasek, Staff EditorState v. Dominguez, No. 121,618, (Kan. Ct. App. Aug. 28, 2020) [pdf]Issue: Prior to 2019, Kan. Stat. Ann. § 22-3716 (c)(1)(A)–(D)[1] required a court to impose both a jail sanction and a prison sanction before revoking a violator’s probation. In 2019, the…
Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious
Author: Besty Donahue, Staff EditorState v. Vaughn, No. 121,340 (Kan. Ct. App., Aug. 14, 2020) [pdf].Issue: Kan. Stat. Ann. § 21-6606(d)[1] mandates that individuals convicted of felonies while on bond release for a prior felony shall serve the sentences for each felony consecutively, unless, as…