Archive Search
Knowingly and Fairly Made Pleas
State v. Terning, No. 119,904 (Kan. Ct. App. Feb. 20, 2020) [pdf]Issue: Under a motion to withdraw, is a plea knowingly and fairly made when the possible sentence term was mathematically different from the corrected sentence term?Answer: Yes, a plea is knowingly and fairly made when there…
Betting on Which Kansas Sports Wagering Bill Will Pass
Nick ApelNick is a 3L at the University of Kansas School of Law. Nick received his Bachelor’s degree in Mechanical Engineering from the University of Kansas. Professionally, Nick is interested in patent law. In his free time, Nick enjoys spending time with family and friends. Nick is also a…
Kansas Federal District Court Drags “Ag-Gag” Law
Maddie LevelMaddie is a 3L at the University of Kansas School of Law. She received her Bachelor’s degree in English and Linguistics from the University of Kansas. Professionally, Maddie is interested in products liability and cyber security/data privacy. Her hobbies include video games,…
Is Anyone Home? Dwelling Definition Reverses Burglary Conviction
State v. Downing, No. 116,629 (Kan. Jan. 24, 2020) [pdf]Issue: Does a house meet the definition of “dwelling” for the purposes of Kan. Stat. Ann. § 21-5807(a)(1) if the house is uninhabited at the time of a burglary and the owner had no plans to live in or to rent the house?Answer: No. The…
Sweeping Hand Gesture Counts as Consent to Search
State v. Daino, No. 120,824, (Kan. Ct. App. Jan. 10, 2020) [pdf]Issue: Does opening a door to a residence and simultaneously making a non-verbal sweeping gesture in response after an officer's request to enter count as consenting to the officer's entry to search the residence?Answer: Yes. Under the…
Checking Warrants are within the Scope of Public Safety Stops
State v. McKenna, No. 119,431 (Kan. Ct. App. Jan. 31, 2020) [pdf].Issue: Is an officer asking for a person’s name and subsequently checking that name for local warrants within the scope of a public safety stop?Answer: Yes, so long as there are objective, specific, and articulable facts suggesting…
Got (Raw) Milk? You Can Now, Thanks to the First Amendment
Maddie LevelMaddie is a 3L at the University of Kansas School of Law. She received her Bachelor’s degree in English and Linguistics from the University of Kansas. Professionally, Maddie is interested in products liability and cyber security/data privacy. Her hobbies include video games,…
Probation Revocation Hearings Require Competency
State v. Gonzalez, No. 120,179 (Kan. Ct. App. Dec. 27, 2019).Issue: There is no statutory protection requiring a defendant be competent at a hearing to revoke his probation. Is competence constitutionally protected nonetheless at this stage?Answer: Yes. A defendant’s competency at a probation…
Warrantless Blood Test Requires a Remand
State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019).Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense?Answer: Yes, there was probable cause to administer a warrantless blood test under the…
Voluntary Intoxication Not a Defense to Reckless Homicide
State v. Claerhout, No. 115,227 (Kan. Dec. 6, 2019).Issue: (1) Did the trial court correctly admit a past diversion agreement to demonstrate a a knowledge of the dangers of driving while intoxicated?(2) Is voluntary intoxication a defense to reckless homicide?Answer: (1) Yes, evidence of…