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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…
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…
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…
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…
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…
“Breathing New Life” into Section 15 of the Kansas Bill of Rights
By: Chris Birzer, Executive Comment Editor“Breathing new life into Kansas constitutional law may be challenging, but it is the responsibility of the Kansas Bar and the Kansas courts in a federal system.”[1]I. IntroductionThe Kansas Bill of Rights Section 15 guarantees that the right against…
The Perfect Chance to Re-Formulate an Imperfect Instruction
United States v. Britt, No. 22-7012, 2023 WL 5615430 (10th Cir. Aug. 31, 2023) [pdf]. Karlie Ruder, Staff EditorIssue: When defense counsel proposes a confusing and legally incorrect version of an imperfect self-defense jury instruction, and the defense is supported by evidence at trial, does…
I take back what I said: Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea
In re. E.J.P., No. 123,930, 2023 WL 5498969 (Kan. Ct. App. Aug. 25, 2023) [pdf].Gabby Phillips, Staff EditorIssue: Is a key witness’s testimonial recantation sufficient new evidence for courts to permit an untimely motion to withdraw plea?Answer: Yes. A key witness’s testimonial recantation is…
$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis
United States v. Warrington, No. 22-7003, 2023 WL 5156645 (10th Cir. Aug. 11, 2023). Rachel Vande Kieft, Staff Editor Issue: Should courts impose special assessments under the Justice for Victims of Trafficking Act (“JVTA”)—charges of $5,000 to any non-indigent person or entity convicted of…
A Step in the Right Direction: The District of Kansas says the Kansas Two-Step violates the 4th Amendment.
Shaw v. Jones, No. 19-cv-1343, 2023 WL 4684682 (D. Kan. July 21, 2023) [pdf] Jack Roberts, Staff EditorIssue: Does the “Kansas Two-Step”—where an officer concludes a traffic stop and immediately begins a casual conversation with the driver to attempt to develop reasonable suspicion—violate the…