Category: Kansas Criminal Procedure Survey
Posted on March 3, 2025
Right Place, Wrong Argument: Section 10 of the Kansas Constitution is Not a Jurisdiction Provision
State v. Barnes, No. 125,739, 2025 WL 572021 (Kan. Feb. 21, 2025) Author: Davis Bax, Staff Editor Issue: Does section 10 of the Kansas Constitution impact a court’s subject matter jurisdiction? Answer: No. Facts: In a prior criminal case in Johnson …
Updated on February 27, 2025
Innocent on Paper, Guilty at Heart Kansas Supreme Court Clarifies the Meaning of “Actual Innocence” for Wrongful Conviction Actions
In re Wrongful Conviction of Warsame, No. 126,950, 2025 WL 496667 (Kan. Feb. 14, 2025). Author: Peyton Emler, Staff Editor Issue: Can a claimant receive wrongful conviction compensation if they are found guilty of the statutory elements of the …
Posted on February 16, 2025
Anything Officers Say Can and Will Be Used Against Them: The Kansas Court of Appeals Finds Another Instance of a Detective Downplaying Miranda
State v. Reynolds, No. 126,940, 2025 WL 438959 (Kan. Ct. App. Feb. 7, 2025). Author: Hadley Sayers, Staff Editor Issue: Does a detective downplay the significance of the Miranda warning by saying that the warning is just part of their paperwork? Answer: Yes. …
Updated on February 10, 2025
How Would You Like to Pay? Kansas Court of Appeals Holds That a Defendant Cannot Be Ordered to Use a Specific Asset to Pay Restitution
Kansas v. Smith, No. 126,038, 2025 WL 350217 (Kan. Ct. App. Jan. 31, 2025). Author: Michael Moore, Staff Editor Issue: Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life …
Updated on January 8, 2025
Two-For-One: Kansas Supreme Court Rules That Carjacker Can be Convicted of Aggravated Robbery of Car’s Passenger, Premeditation Can be Formed in Five Seconds
State v. Mendez, 559 P.3d 792 (Kan. 2024). Author: Thea Hack, Staff Editor Issues: (1) In the context of a carjacking, can aggravated robbery of a vehicle be committed against a non-owner passenger of the vehicle? (2) Can premeditation be formed in five …
Updated on January 5, 2025
Counting Lessons for Lawyers: A “Third or Subsequent” Conviction Requires a Preexisting First and Second Conviction for Drug-Crime Sentencing
State v. Bell, No. 125,770, 2024 WL 5174550 (Kan. Ct. App. Dec. 20, 2024). Author: Carson Schmidt, Staff Editor Issue: When sentencing for drug crimes, does K.S.A. § 21-6805(f)(1) use the “inclusive rule” for “third or subsequent felony [drug] …
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 …
