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Anti-Asian Attacks and Attempts to Redefine “Hate” in America
Ryan GordonAssociate EditorRyan Gordon is a 3L at the University of Kansas School of Law. He earned his Bachelor of Arts in Business Administration with a focus on International Business and Marketing from Truman State University. Ryan is interested in international transactional and development…
A Wrongful 226-Day Confinement and No Relief: The Impact of Distinguishing Juvenile Adjudications and Criminal Convictions
In re M.M., No. 121,936 (Kan. Mar. 12, 2021) [pdf]Author: Chloe Ketchmark, Staff EditorIssue: Kan. Stat. Ann. § 60-5004 provides relief for wrongfully convicted and imprisoned persons. A magistrate judge wrongfully adjudicated and sentenced claimant M.M. to juvenile confinement. May M.M…
With Court's Leave, Prosecutors May Dismiss Grand Jury Indictments
State v. Bird, No. 120,816 (Kan. Ct. App., Feb. 19, 2021) [pdf].Author: Andrew Tague, Staff EditorIssue: Under Kansas common law, a prosecutor may dismiss or reduce any charge against a criminal defendant. Kan. Stat. Ann. § 22-3015(b), however, generally prohibits prosecutors from substantively…
Compassionate Release in Prisons: A Moot Point After COVID-19 Infection
Author: Noelle Daniel, Staff EditorUnited States v. Mendy Read-Forbes, No. 20-3104 (10th Cir., Feb. 8, 2021)Issue: A defendant requested to be released into immediate home confinement because of the dangers she faced if she contracted COVID-19. However, she contracted COVID-19 before…
Partisan Ping-Pong - President Biden and Private Prisons
Michael RavenComments EditorMichael is a 3L at the University of Kansas School of Law. He earned his undergraduate degree in philosophy and political science from the University of Kansas and a master’s degree in international relations from the London School of Economics and Political…
Kansas Offender Registration Act: Substantial Compliance Is Not a Defense
State v. Stoll, No. 117,081 [pdf] (Kan. 2021)Author: Parker Bednasek, Staff EditorIssue: Under the Kansas Offender Registration Act (KORA), drug offenders are required to register new addresses within three days of moving. For seven years, Stoll registered her new addresses within three days…
Court of Appeals Greenlights Legislature on Severe Punishments for Failing to Register
State v. Genson, No. 121,014, (Kan. Ct. App., Dec. 18, 2020) [pdf].Author: Ryan Gordon, Associate EditorIssue: Is the Kansas Offender Registration Act (KORA) unconstitutional because it criminalizes failure to register as a level six person felony without a mens rea element?Answer: No, KORA does…
When the Right to Protest is Not Created Equal
Shelby MoylanComments EditorShelby Sternberg is a 3L at the University of Kansas. She earned her Bachelor of Journalism degree from the University of Missouri. Shelby is interested in corporate law, especially work in mergers and acquisitions, and private equity. In her limited…
Supplementing the Pattern Premeditation Jury Instruction: Necessary or Unnecessarily Confusing?
Author: Dahnika Short, Staff EditorState v. Stafford, No. 120,481 (Kan. Dec. 23, 2020) [pdf] Issue: Was the addition of a Bernhardt instruction to the premeditation Pattern Instruction for Kansas (PIK) confusing and therefore legally inappropriate?Answer: No. There was potential for jury…
There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History
Author: Randall Willnauer, Staff EditorState v. Gales, No. 119,302 (Kan. Dec. 4, 2020) [pdf]Issue: Kansas courts score a defendant's prior criminal history by determining, in part, whether a defendant's out-of-state offenses were person or nonperson felonies. This is done by determining whether the…