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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…
You Plead Insanity, I Plead Insanity, We All Plead Insanity: United States Supreme Court Reviews Whether Lack of an Insanity Defense is Unconstitutional
Mary Colleen FowlerMary Colleen is a 3L at the University of Kansas School of Law. She attended the University of San Diego for her Bachelor’s degree, where she studied Psychology and Marketing. After graduating from law school, Mary Colleen will return to Snell & Wilmer in Phoenix,…
Searching for the Seriously Injured
Kansas v. Fisher, No. 120,031 (Kan. Ct. App. Nov. 8, 2019) [pdf]Issue: The emergency aid exception to the Fourth Amendment’s bar on warrantless searches requires an objectively reasonable belief that someone injured is inside. Can officers comply with this prong if they do not ask clarifying…
Police Officers Exceed Scope of Welfare Check
State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019)Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he determined she did not need assistance?Answer: Yes. The police officer exceeded the scope…