Category: Kansas Criminal Procedure Survey
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.
Posted on September 15, 2022
PIK Your Poison: Can the District Court Change Statutory PIK Instructions?
Brooke Flucke, Staff Editor
Kansas Supreme Court reverses Kansas Court of Appeals holding Pattern Jury Instructions may be amended even if they track the statutory language.
Updated on September 12, 2022
Direct or Collateral? The District Court’s Duty to Establish a Knowingly Made Plea
Hailey Reed, Staff Editor
Kansas Court of Appeals holds the district court is not required to inform a defendant that they will lose the right to vote or possess a firearm when they enter a nolo contendere plea to a felony.
Posted on August 22, 2022
An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment
Ryan Kielczewski, Staff Editor
District court did not err by excluding evidence of a polygraph examination because Defendant failed to proffer evidence that the examination was coercive.
Updated on July 18, 2022
Reaching Conviction by Trial and Error: Amending Grand Jury Indictments
Kansas Supreme Court finds Kan. Stat. Ann. § 22-3015 does not apply to amended indictments from a grand jury.
