Archive Search
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…
Settling the USWNT v. USSF “Equal Pay for Equal Play” Dispute: How Class Action Certification Engenders Settlement and Why Weak or Goal-oriented Certification Analysis Deserves a Red Card
Jessica J. 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…
PIK Your Poison: Can the District Court Change Statutory PIK Instructions?
Brooke Flucke, Staff EditorState v. Zeiner, No. 122,682, (Kan. Aug. 26, 2022) [pdf]Issue: Can the state district court change pattern instructions (“PIK instructions”) that otherwise track statutory language, so the instructions conform to the case’s facts?Answer: Yes, a state district court…
Direct or Collateral? The District Court’s Duty to Establish a Knowingly Made Plea
Hailey Reed, Staff EditorState v. Wallace, No. 123,763, (Kan. Ct. App. Aug. 19, 2022) [pdf] Issue: Did the district court violate defendant’s right to due process when it entered defendant’s nolo contendere plea to a felony without first warning him about the probable loss of voting or…
Roe, Roe, Roe, Your Vote: Biden’s Executive Order Protecting Access to Reproductive Healthcare Services and State Impact
Alex SpeakarComments EditorAlex is a 3L from Farmington, Missouri. She attended KU for college where she majored in Political Science. In addition to her role as a Comment Editor, Alex is a coach for the Undergraduate Mock Trial team, a member of Women in Law, and a Shook Hardy & Bacon…
An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment
Ryan Kielczewski, Staff EditorState v. White, No. 122,039.pdf, (Kan. Aug. 5, 2022) [pdf]Issue: Did the district court violate White’s right to present a defense when it excluded polygraph evidence?Answer: No. When polygraph evidence is inadmissible at trial, a defendant must sufficiently…
“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…