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Lucky Number 13: Why Courts have Discretion to Allow Debtors to Cure Chapter 13 Arrearages after Five Years
By: Richard Weber, Comment EditorI. Intro“I, declare…bankruptcy!”[1] In the television show The Office, paper supplies manager Michael Scott believes all that is necessary to declare bankruptcy is to verbally “declare” bankruptcy.[2] Fortunately, one of his co-workers explains that…
Resolving Ambiguity: Kansas Supreme Court Says “Lesser Crime” in Kan. Stat. Ann. § 21-5109(b)(2) Means “a Crime with a Lesser Penalty”
State v. Martin, No. 124,607, 2024 WL 1122666 (Kan. Mar. 15, 2024) [pdf] Author: Jack Atherton, Staff EditorIssue: Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)?Answer: No. Possession of methamphetamine…
(Unallocated) Space, the Final Frontier: New Interpretations of What Constitutes Possession of Child Pornography
State v. Ballantyne, No. 125,064, 2024 WL 388161 (Kan. Ct. App. Feb. 2, 2024) [pdf].Author: Jay Shank, Staff EditorIssue: Does child pornography stored within a computer’s unallocated space constitute possession of child pornography?Answer: No. Because computers automatically store images from…
G.O.[ing] Away from McCarther: Kansas’s Reliability Standard as a Test for the Voluntariness of Confessions is Inapposite to the Fourteenth Amendment Due Process Clause.
State v. G.O., No. 124,676, 2024 Kan. LEXIS 23 (Kan. Mar. 1, 2024) [pdf]Author: Clayton Anderson, Staff EditorIssue: Does Kan. Stat. Ann. § 60-460(f)(2)(B)’s hearsay exception—or its reliability standard—apply when courts decide whether a defendant’s confession to police was involuntary?…
No Slack for Flack: Context, Clarity, and Pleading The 5th through an Aggregate of Statements in Kansas
State v. Flack, No. 115,964, 2024 Kan. LEXIS 6 (Jan. 19, 2024) [pdf].Ben Murphy, Staff EditorIssue: Can a defendant invoke his right to remain silent by repeating “take me to jail” and similar statements?Answer: No. Contingent upon the context surrounding the statement, the Fifth Amendment of…
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
State v. O’Brien, No. 124,524, 2024 WL 62815 (Kan. Ct. App. Jan. 5, 2024) [pdf]Gabby Phillips, Staff EditorIssue: Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore on cross-examination?Answer: Yes. A witness’s…
A Continuance by Any Other Name: Kansas Court of Appeals Finds that Trial, not Dismissal with Prejudice, is Appropriate Remedy for State’s Abuse of Process
State v. Peterson, No. 125,504 (Kan. App. Dec. 29, 2023) [pdf]Joshua Lollar, Staff EditorIssue: Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process?Answer: Yes. The district court abused its discretion…
Timing is Everything: When is it Proper to Invoke the Right to Post-Evidentiary Breath Test Counsel?
State v. Kerrigan, No. 123,862 WL 7931255 (Kan. Nov. 17, 2023) [pdf].Claire Burns, Staff EditorIssue: Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. § 8-1001(c)(1) (2019)?Answer: No, the plain…
Beyond Age Limits: Parental Discipline as a Defense for Parents of Majority Aged Children
State v. Andazola, No. 125,166, 2023 WL 7405069 (Kan. Ct. App. Nov. 9, 2023) [pdf].Jack Atherton, Staff EditorIssue: Is the parental-discipline defense to a domestic-battery charge available when the child is 18 years old, living at home, and attending high school?Answer: Yes. Given…
The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition.
State v. Hopkins, No. 124,851, 2023 WL 6933634 (Kan. Oct. 20, 2023)[pdf].Clayton Anderson, Staff EditorIssue: Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is being sentenced?Answer: No. A defendant must receive…