Category: Kansas Criminal Procedure Survey

The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition.

State v. Hopkins, No. 124,851, 2023 WL 6933634 (Kan. Oct. 20, 2023). Clayton Anderson, Staff Editor Issue:  Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is …

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.

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.

$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis

Rachel Vande Kieft, Staff Edtior
The Tenth Circuit interprets the JVTA to apply on a per-count basis.

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.

Para, Para, Para, Para, Paraphernalia: Single or Plural under Kansas Law?

Brooke Flucke, Staff Editor
Kansas Supreme Court interprets “drug paraphernalia” in K.S.A. § 21-5709(b) as plural so that there can only be a single unit of prosecution based on defendant’s intent for possession.

You’re either in or you’re out! K.S.A. § 60-455(g) is an Exhaustive List and Limits Propensity Evidence

Hailey Reed, Staff Editor
The Kansas Court of Appeals held K.S.A. § 60-455(g)’s definition of “act or offense of sexual misconduct” is exhaustive.  Therefore evidence of prior acts or offenses of sexual misconduct must meet this definition to be admissible under subsection (d).

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.

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.

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.

The Kansas Criminal Procedure Survey provides valuable insight into Kansas criminal procedure to Kansas practitioners. The University of Kansas Law Review publishes updates to the survey on the Kansas Criminal Procedure Blog, the online home for the survey. The Criminal Procedure Survey is a long-standing tradition of the KU School of Law and the Law Review.

We are proud to adapt the Criminal Procedure Survey into a new format that will provide timely updates to Kansas practitioners about new criminal law changes in Kansas and the 10th Circuit.