Archive Search
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…
A Vicious Cycle: Juvenile Fines and Fees in Kansas
Dahnika Shortcomments editorDahnika is a 3L at the University of Kansas School of Law. She earned her undergraduate degrees in life sciences and women’s studies from Kansas State and in nursing from the University of Kansas. Outside of law school, Dahnika enjoys all things…
Quantity v. The Right Quantity: A Greater Quantity of Contraband Than a Lesser Charge Demands Can Support the Lesser Charge
Alex Speakar, Staff EditorState v. Scheuerman, No. 122,253 (Kan. Jan. 14, 2022) [pdf].Issue: Under K.S.A. § 21-5705(a)(1) and (d)(3)(B), different amounts of methamphetamine are required for different levels of felony charges. When the statute's plain language requires that an individual must…
Occupational Licensing Laws: Threading the Needle Between Consumer Protection and the Constitutional Right to Earn a Living
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…
Challenging Prior Convictions in Kansas Sentencing: Who Has the Burden, and When?
Jeremiah Kemper, Staff EditorState v. Roberts, No. 121,682, (Kan. Nov. 19, 2021) [pdf]Issue: Under K.S.A. § 21-6814(c), when a defendant challenges the constitutionality of their prior convictions at or before their initial sentencing hearing, the State has the burden of proving any disputed…
Bostock’s Aftershock: Intersectional Discrimination Claims Following Bostock v. Clayton County
Griffin AlbaughComments EditorGriffin is a 3L at the University of Kansas School of Law. He earned his undergraduate degree in history from the University of Kansas. After graduation, Griffin will be working in Kansas City within the field of Labor and Employment law. Outside of law school,…