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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…
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…