Category: Kansas Criminal Procedure Survey
Posted on March 28, 2024
G.O.[ing] Away from McCarther: Kansas’s Reliability Standard as a Test for the Voluntariness of Confessions is Inapposite to the Fourteenth Amendment Due Process Clause.
State v. G.O., No. 124,676, 2024 Kan. LEXIS 23 (Kan. Mar. 1, 2024) Author: Clayton Anderson, Staff Editor Issue: Does Kan. Stat. Ann. § 60-460(f)(2)(B)’s hearsay exception—or its reliability standard—apply when courts decide whether a defendant’s confession to …
Updated on March 28, 2024
No Slack for Flack: Context, Clarity, and Pleading The 5th through an Aggregate of Statements in Kansas
State v. Flack, No. 115,964, 2024 Kan. LEXIS 6 (Jan. 19, 2024). Ben Murphy, Staff Editor Issue: Can a defendant invoke his right to remain silent by repeating “take me to jail” and similar statements? Answer: No. Contingent …
Updated on January 26, 2024
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
State v. O’Brien, No. 124,524, 2024 WL 62815 (Kan. Ct. App. Jan. 5, 2024). Gabby Phillips, Staff Editor Issue: Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore …
Posted on January 26, 2024
A Continuance by Any Other Name: Kansas Court of Appeals Finds that Trial, not Dismissal with Prejudice, is Appropriate Remedy for State’s Abuse of Process
State v. Peterson, No. 125,504 (Kan. App. Dec. 29, 2023) Joshua Lollar, Staff Editor Issue: Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process? …
Posted on January 10, 2024
Timing is Everything: When is it Proper to Invoke the Right to Post-Evidentiary Breath Test Counsel?
State v. Kerrigan, No. 123,862 WL 7931255 (Kan. Nov. 17, 2023). Claire Burns, Staff Editor Issue: Can a person properly invoke the statutory right to post-evidentiary breath-test counsel before the administration of the test under Kan. Stat. Ann. …
