Category: Kansas Criminal Procedure Survey
Updated on September 25, 2023
The Perfect Chance to Re-Formulate an Imperfect Instruction
Karlie Ruder, Staff Editor
The Tenth Circuit clarifies when district courts must formulate and offer imperfect self-defense jury instructions.
Posted on September 14, 2023
I take back what I said: Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea
Gabby Phillips, Staff Editor
The Kansas Court of Appeals says recanted testimony constitutes excusable neglect to withdraw plea.
Updated on September 1, 2023
A Step in the Right Direction: The District of Kansas says the Kansas Two-Step violates the 4th Amendment.
Jack Roberts, Staff Editor
The District of Kansas says the Kansas Two-Step violates motorists’ 4th Amendment rights.
Posted on January 13, 2023
Giving Credit Where Credit is Due: Defendants are Entitled to All Time Served on Concurrent Sentences for Consolidated Cases
Amanda McElfresh, Staff Editor
The Kansas Court of Appeals interpreted Kan. Stat. Ann. § 21-6615(a) to hold a defendant is entitled to jail time credit for all the time served on consolidated cases with a concurrent sentence when the record reflects the defendant was in pre-trial custody on both cases.
Updated on November 27, 2022
Every Breath(alyzer) You Take…Ask for an Attorney
Drew Elizabeth Davis, Staff Editor
Kansas Court of Appeals holds and officer must honor an individual’s request for counsel before the breathalyzer test is administered. If the officer disregards the request, the breathalyzer results must be suppressed at trial.
Posted on October 24, 2022
Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?
Hayley Koontz, Staff Editor
The Kansas Court of Appeals affirms updated regulations do not require the breath test operator to check a the subjects mouth for the breath test to be admissible as evidence.
