Category: Kansas Criminal Procedure Survey
Posted on November 16, 2024
Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants
In re Wrongful Conviction of Mashaney, No. 126,550, 2024 WL 4576237 (Kan. Oct. 25, 2024). Author: Kaegan Cowan, Staff Editor Issue: In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the …
Updated on November 16, 2024
To Group or Not to Group: U.S. Sentencing Guidelines Warrant Lenity when Grouping Charged and Uncharged Conduct
United States v. Tony, No. 23-2110 (10th Cir. Oct 29, 2024). Author: Ben DeKoning, Staff Editor Issue: Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the …
Updated on November 16, 2024
The “Jigsaw Puzzle” of Determining Law Enforcement Misconduct: The Kansas Supreme Court finds no misconduct where interrogation utilized both the Reid Technique and deception
State v. Garrett, No. 124,329, 2024 WL 4245190 (Kan., Sept. 20, 2024). Author: Alec Nee, Staff Editor Issue: Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations? Answer: Yes. Investigators can use both the Reid …
Updated on November 16, 2024
But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment
State v Nunez, No. 125,141 (Kan. Aug. 30, 2024). Author: Madi Stapleton, Staff Editor Issue: Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented …
Updated on September 10, 2024
A Window to the Public Eye: Tenth Circuit Holds Using a Pole Camera Does Not Violate the Fourth Amendment If It Captures Activities Performed in Public View
United States v. Hay, 95 F.4th 1304 (10th Cir. 2024). Author: Alex Falk, Staff Editor Issue: “Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?” Answer: Yes. Surveillance does …
