Archive Search
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…
You're either in or you're out! K.S.A. § 60-455(g) is an Exhaustive List and Limits Propensity Evidence
State v. Scheetz, No. 124,054 (Kan. Ct. App. Jan. 13, 2023) [pdf].Hailey Reed, Staff EditorIssue: Is the definition of “act or offense of sexual misconduct” in Kan. Stat. Ann. § 60-455(g) exhaustive?Answer: Yes. Section 60-455(g)’s definition of “act or offense of sexual…
Giving Credit Where Credit is Due: Defendants are Entitled to All Time Served on Concurrent Sentences for Consolidated Cases
State v. Veales, No. 124,320 (Kan. Ct. App., Dec. 9, 2022) (unpublished opinion) [pdf]Amanda McElfresh, Staff EditorIssue: When an individual is serving a concurrent sentence on consolidated cases, are they entitled to jail credit for all the time served while their cases were pending?Answer: Yes.…
Puff, Puff, Passing Marijuana Reform
Alex SpeakarComments EditorAlex is a 3L from Farmington, Missouri. She attended KU for college where she majored in Political Science.In her free time, she enjoys cooking, reading, and hiking. Due to the inconsistency in marijuana policy, state business owners are confused about what products…
Every Breath(alyzer) You Take…Ask for an Attorney
State v. Kerrigan, No. 123,862, (Kan. Ct. App. Oct. 28, 2022) [pdf]Drew Elizabeth Davis, Staff EditorIssue: Whether Kan. Stat. Ann. § 8-1001(c)(1) (2019), which addresses breathalyzer tests for alcohol and drugs, requires an individual to request counsel after the administration of a…
Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?
State v. Fudge, No. 124,793, (Kan. Ct. App. Sept. 30, 2022) Hayley Koontz, Staff Editor Issue: Is an Intoxilyzer 9000 operator required to check a subject’s mouth before administering a breath test for the results to be admissible? Answer: No. Breath test results must conform only with…