Category: Kansas Criminal Procedure Survey
Posted on March 13, 2025
Delaying the . . . Evitable? Tenth Circuit Invalidates District Court’s Revocation of a Statutory-Maximum, Expired Sentence for Supervised Release Because of Six-Month Delay
United States v. Gulley, No. 24-3078, 2025 WL 747686 (10th Cir. Mar. 10, 2025) Author: Lane Barrette, Staff Editor Issue: Is 18 U.S.C. § 3583(i) a jurisdictional provision? If so, is it “reasonably necessary” to enforce conditions of an expired …
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 …
