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Introducing the Kansas Law Review Forum
The Kansas Law Review is pleased to announce the launch of the University of Kansas Law Review Forum. The Forum will provide timely reactions to recent legal developments. The goal of the Forum is to provide readers with timely content about recent legal developments, written monthly by…
Evidence Found After Discovery of Outstanding Warrant During Welfare Stop is Inadmissible
State v. Manwarren, No. 119,520 (Kan. Ct. App. Apr. 12, 2019)Issue: Unconstitutionally-obtained evidence should be suppressed unless the connection between the evidence and the constitutional violation is too attenuated. Law enforcement officers encountered Richard Manwarren during a welfare check…
No Appeal for the Imposition of Adult Sentences on Juveniles Who Violate Terms of Conditional Release
In the Matter of J.S.P., No. 118,790 (Kan. Ct. App. Mar. 15, 2019).Issue: Does a court have jurisdiction over a juvenile offender’s appeal from the revocation of a juvenile sentence and the imposition of an extended juvenile jurisdiction proceeding (“EJJP”) stayed adult sentence?Answer: No. …
Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing
State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) [pdf]Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the sentence, while addressing the illegal portion of a sentence?Answer:…
Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed
State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019)Issue: Some offenders qualify for post-conviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of his criminal history—received a sentence…
Officers Cannot Search Containers of Already-Identified Drivers Involved in Accident Without a Warrant
State v. Evans, No. 119,458 (Kan. Nov. 21, 2018)Issue: The “community caretaking” exception to the warrant requirement allows officers to conduct limited warrantless searches. Evans, who had already identified herself to officers, was taken from the scene of a car accident by…
Simultaneous Consideration No Longer Required for Kansas Homicide Instructions
State Sims, No. 115,038 (Kan. Nov. 30, 2018) [pdf]Issue: The Kansas Supreme Court has previously held that courts must instruct juries to consider both greater and lesser offenses simultaneously in homicide cases. After years of criticism, should courts still require simultaneous instructions?…
Marijuana Odor Can Justify Probable Cause
State v. Hubbard, No. 113,888 (Kan. Dec. 7, 2018)Issue: Can marijuana odor supply probable cause?Answer: Yes, based on the totality of the circumstances including: proximity, strength of odor, the investigating officer’s experience, etc.Facts: An officer approached someone she believed to be…
Publicly-Parked Car Not Seized After Arrest
State v. Parker, No. 112,959 (Kan. Dec. 7, 2018)Issue: Parker was arrested outside his locked car. His car sat in a public parking lot until a drug dog arrived to sniff the vehicle. Was his car unlawfully “seized” by the officers during this time? …
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018)Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right?Answer: Yes, prosecutorial…