Category: Investigation
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 …
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. …
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.
Updated on February 20, 2022
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations …
Updated on August 26, 2020
A Welfare Check Gone Arrest: Attenuation Doctrine and the Fourth Amendment
Author: Dahnika Short, Staff Editor State v. Ellis, No. 120,046 (Kan. August 8, 2020) Issue: The attenuation doctrine renders illegally obtained evidence admissible when the connection between the evidence and the unconstitutional police conduct is sufficiently remote or …
