Category: Investigation
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 …
Updated on June 2, 2020
Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops
Kansas v. Glover, 140 S.Ct. 1183 (2020). Issue: When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the …
Updated on June 2, 2020
Checking Warrants are within the Scope of Public Safety Stops
State v. McKenna, No. 119,431 (Kan. Ct. App. Jan. 31, 2020). Issue: Is an officer asking for a person’s name and subsequently checking that name for local warrants within the scope of a public safety stop? Answer: Yes, …
Updated on June 2, 2020
Warrantless Blood Test Requires a Remand
State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019). Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense? Answer: Yes, there was probable cause to administer a warrantless blood test …
