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District Courts May Impose Sentences Concurrently or Consecutively When the Sentencing Occurs for Multiple Cases on the Same Day
Author: Michael Raven, Comments EditorState v. Dunham, No. 121,081 (Kan. Ct. App., July 31, 2020) [pdf]Issue: Following his probation revocation, the trial court sentenced Jeremy Dunham for multiple cases on the same date. Kan. Stat. Ann. § 21-6606 generally allows court discretion in imposing…
"Knife" Definition Declared Unconstitutionally Vague
Author: Emily Otte, Executive Comments EditorState v. Harris, No. 116,515, (Kan. July 17, 2020) [pdf]Issue: In Kansas, it is illegal for a convicted felon to possess a knife. A knife is defined in Kan. Stat. Ann. 2019 Supp. 21-6304 as “a dagger, dirk, switchblade, stiletto, straight-…
Manifest Necessity Required to Declare Jury Deadlocked
Author: Emily Otte, Executive Comments EditorState v. Kornelson, No. 118,091 (Kan. July 2, 2020) [pdf]Issue: Whether the goading standard or the manifest necessity standard applies to a double jeopardy claim when the defendant does not object or consent to a trial court’s sua sponte declaration of…
Kansas District Courts’ Authority to Interpret Ambiguous Jury Verdicts
Author: Ellen Bertels, Comments EditorState v. Brown, No. 115,817 (Kan. June 5, 2020) [pdf]Issue: Can a district court invoke the surplusage rule and discard part(s) of a jury verdict form when the form incorrectly lists the crimes for which the criminal defendant was charged?Answer: …
Where Mental Culpability Not Required, Voluntariness Still Relevant to the Actus Reus Requirement
Author: Shelby Sternberg, Comments EditorState v. Dinkel, No. 113,705 (Kan., June 12, 2020) [pdf]Issue: K.S.A. 21-5503(a)(3) has no requirement for mental culpability for rape when it involves sexual intercourse with a child under 14, which is unique from every other section. However, K…
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…