Archive Search
Violations of Broader Municipal DUI Ordinances Don't Count Under § 8-1567(i)
State v. Gensler, No. 112,523 (Kan. Aug. 10, 2018). 423 P.3d 488 Issue: K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal ordinance is broader than the…
Marital Discord Isn't Always a § 60-455 "Crime or Civil Wrong"
State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018). Issue: The Kansas Rules of Evidence prohibit using evidence of past "crimes or civil wrongs" as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past "crime or civil wrong"? Answer…
Courts Don't Have to Explain Denials of Downward Departures
State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica's law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot weigh aggravating factors against the reasons for…