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“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…
Dual-Purposes and Dueling Perspectives
Caitlin AlbaughComments EditorCaitlin is a 3L from Davenport, Iowa. She completed her undergrad at KU and received a degree in English. As a fun fact - Caitlin recently guessed the Wordle answer on the first try! Rule 1.6 of the Model Rules of Professional Conduct provides that “[a]…
A Bad Idea: Mootness and IEPs
Erin LevyArticles EditorErin is a 3L from Lawrence, KS. She received a BA in Studio Art with an English minor from Beloit College and a Master of Fine Arts in Costume Design from the University of Wisconsin-Madison. In her free time, Erin enjoys watching movies, TV, and crocheting. Before…
199A Deductions for Laboratory Facilities: Defining the Field of Health Using Section 448's Function Test
Lauren PageArticles EditorLauren is a 3L from Wichita, Kansas. She attended MidAmerica Nazarene University for undergrad, majoring in Business Administration. In her free time she enjoys exploring local restaurants and coffee shops. The Tax Cuts and Jobs Act of 2017 created a new provision,…
The Ivy League’s Ban on Athletic Scholarships: An Honest Run at “Education Through Athletics” or An Illegal Price-Fixing Agreement?
Jessica KinnamonComments EditorJessica is a 3L from Hutchinson, Kansas. She attended Yale University as an undergraduate, where she earned a B.A. in Ethics, Politics & Economics. Jessica is the President of the Federalist Society, on Moot Court Council, and is a Lawyering Skills TA. After…
Para, Para, Para, Para, Paraphernalia: Single or Plural under Kansas Law?
State v. Eckert, No 120,566 (Kan. Jan. 20, 2023) [pdf].Brooke Flucke, Staff EditorIssue: Is “drug paraphernalia” in Kan. Stat. Ann. § 21-5709(b) plural?Answer: Yes, “drug paraphernalia” in Kan. Stat. Ann. § 21-5709(b) is plural and there can only be a single unit of prosecution based on a…