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“Speak Now or Forever Hold Your Peace”: Appellate Advocacy Basics in the World of Criminal Procedure
State v. Hillard, No. 122,163, (Kan. June. 10, 2022) [pdf] Issue: Did law enforcement violate Hillard’s constitutional rights when they failed to hold a hearing before sending his cell phone to a third-party corporation to be unlocked?Answer: No, but perhaps only because Hillard (1…
Reaching Conviction by Trial and Error: Amending Grand Jury Indictments
State v. Keys, No. 121, 866 (Kan. June 3, 2022) [pdf]Issue: Whether an amended grand jury indictment was statutorily or constitutionally defective under Kan. Stat. Ann. § 22-3015 so as to deprive Keys of his constitutional right to a fair trial?Answer: No. The amended indictment…
Equal Protection of the Laws is Not Discretionary
Evan Bolton, Staff EditorState v. Myers, No. 123,439 (Kan. Ct. App. April 8, 2022) [pdf]Issue: Does § 21-6819 of the Kansas Sentencing Guidelines Act, which allows two or more criminal cases to be consolidated for trial if all charges could have been brought in one charging document, violate the…
Senate Bill No. 367 — Making it Easier to Return Seized Property
Author: Erin Levy, Staff EditorSenate Bill No. 367 amends K.S.A. § 22-2512 to clarify and codify best practices for disposition and destruction of property seized by law enforcement. It adds to § 22-2512(a) the direction that “[i]f no criminal charges are filed or prosecution is declined, the…
The Least Democratic Option: How Kansas Fills Vacant Supreme Court Seats
Marshall StulaComments EditorMarshall is a 3L at University of Kansas School of Law. He is a second-career law student with nearly a decade in various operational management roles. Outside of law school, Marshall enjoys watching sports, playing fantasy football, and spending time with his…
Redlining: The Race-Based Exclusion of Services and the DOJ’s Initiative to Combat It
Katie DeutschComments EditorKatie is a 3L at the University of Kansas School of Law. She earned her undergraduate degrees in Economics and Political Science from Wichita State University. Katie is interested in civil litigation, particularly surrounding employment law. Outside of law school,…
Shifting Sands: Kansas’s Criminal Sentencing Guidelines
Doug Bartel, Staff EditorState v. Terrell, No. 122,680 (Kan. Feb. 18, 2022)Issue: Does the Kansas Sentencing Guidelines Act (“the Act”), K.S.A. §§ 21-6801–6824, require courts to classify crimes as person or nonperson at the time of the original sentence or at the time of the most recent crime?…
Changing the Rules in the Middle of the Game: The Ex Post Facto Clause and Clarifying State v. Reese
State v. Patton, No. 120,434, (Kan. Feb. 11, 2022).Issue: In State v. Reese, the Kansas Supreme Court held that courts should apply the version of Kansas’ DUI sentencing provisions—K.S.A. 8-1567—in effect at the time of sentencing, even if the statute changed since the offense occurred.…
Probation Revocation? Not if You’re a Day Late and a Procedure Short
Katelyn Girod, Staff EditorState v. Darkis, No. 122,706, (Kan. Jan. 28, 2022) [pdf]Issue: May a district court revoke a criminal defendant’s probation and remand the defendant to prison using procedures other than a warrant for arrest or notice to appear, more than 30 days after the period of…
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Lexi Christopher, Staff EditorState v. Corby, No. 122,584 (Kan. Jan. 21, 2022) [pdf]Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations occurred and scored both convictions…