Category: Kansas Criminal Procedure Survey
Updated on September 10, 2024
Updated Transitional Release Requirements
In re Care & Treatment of Quillen, No. 120, 184 (Kan. Ct. App. Oct. 18, 2019). Issue: Is the State required to prove “serious difficulty in controlling behavior,” when arguing a person does not meet the qualifications for …
Updated on September 10, 2024
Protection from Stalking Orders Cannot Restrict Speech
State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019). Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in …
Updated on September 10, 2024
Acceptance of Responsibility Sufficient for Dispositional Departure
State v. Morley, No. 120, 017 (Kan. Ct. App. Aug. 16, 2019). Issue: A district court may consider a defendant’s acceptance of responsibility as a mitigating factor to warrant dispositional departure if the court articulates that reason. Does …
Updated on September 10, 2024
Evidence Found After Discovery of Outstanding Warrant During Welfare Stop is Inadmissible
State v. Manwarren, No. 119,520 (Kan. Ct. App. Apr. 12, 2019). Issue: Unconstitutionally-obtained evidence should be suppressed unless the connection between the evidence and the constitutional violation is too attenuated. Law enforcement officers encountered Richard Manwarren during a …
Updated on September 10, 2024
No Appeal for the Imposition of Adult Sentences on Juveniles Who Violate Terms of Conditional Release
In the Matter of J.S.P., No. 118,790 (Kan. Ct. App. Mar. 15, 2019). Issue: Does a court have jurisdiction over a juvenile offender’s appeal from the revocation of a juvenile sentence and the imposition of an extended juvenile …
Updated on September 10, 2024
Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed
State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019) Issue: Some offenders qualify for postconviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of …
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Updated on September 10, 2024
Party Benefitting from Erroneous Judicial Comment Bears Burden
State v. Boothby, No. 116,505 (Kan. Sept. 6, 2019). Issue: A district judge made an erroneous comment regarding Boothby’s case in front of the jury. Is an erroneous judicial comment made in front of a jury that is not part …
Category: Kansas Criminal Procedure Survey, Trials, Uncategorized Tags: Erroneous Comments, Judicial comment error, Judicial error, Judicial Misconduct