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Updated Transitional Release Requirements
In re Care & Treatment of Quillen, No. 120, 184 (Kan. Ct. App. Oct. 18, 2019).Issue: Is the State required to prove “serious difficulty in controlling behavior,” when arguing a person does not meet the qualifications for transitional release?Answer: Yes. The State must prove “serious difficulty…
U.S. Supreme Court to Review Whether an Officer Can Initiate a Traffic Stop Based Solely upon the Status of the Registered Owner
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…
Lifetime Registration of Juvenile Sex Offenders Found Constitutional
State v. N.R., No. 119,796 (Kan. App. Sept. 27, 2019) [pdf]Issue: The Kansas Offender Registration Act (KORA) requires lifetime registration as a sex offender for juveniles convicted of severity level 1 felonies. N.R. was convicted of rape when he was fourteen, and was later…
Protection from Stalking Orders Cannot Restrict Speech
State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019).Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in the PFS order violate Smith’s First Amendment rights?…
Party Benefitting from Erroneous Judicial Comment Bears Burden
State v. Boothby, No. 116,505 (Kan. Sept. 6, 2019).Issue: A district judge made an erroneous comment regarding Boothby’s case in front of the jury. Is an erroneous judicial comment made in front of a jury that is not part of the jury instruction or legal ruling analyzed under the…
An Untimely Appeal Under 28 U.S.C. § 2255
United States v. Salazar, No. 19-1119 (10th Cir. Aug. 16, 2019).Issue: Defendants may appeal a sentence under 28 U.S.C. § 2255 but, with limited exceptions, must do so within one year. The defendant was sentenced on March 20, 2017 and appealed his sentence in January 2019. The…
Time in Jail Awaiting Sanction Should be Credited Toward That Sanction
State v. Chardon, No. 119464 (Kan. Ct. App. Aug. 23, 2019).Issue: Defendant Christian Chardon was arrested for violating probation. Unable to make bond, he was in jail for 65 days awaiting his disposition hearing. At the hearing, the court sanctioned Chardon to serve 60 days…
Acceptance of Responsibility Sufficient for Dispositional Departure
State v. Morley, No. 120, 017 (Kan. Ct. App. Aug. 16, 2019). Issue: A district court may consider a defendant’s acceptance of responsibility as a mitigating factor to warrant dispositional departure if the court articulates that reason. Does the defendant’s accepting responsibility for his…
Kansas’s Omnibus Criminal Justice Bill SB 18 Expands Definition of Person Felony for Criminal History Score
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. Andi is a Comments Editor on the Kansas Law Review, and also a council member on the KU Law Moot Court and Mock…
Reintroducing LGBT Rights in Kansas
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…