Category: Kansas Criminal Procedure Survey
Posted on January 8, 2019
Simultaneous Consideration No Longer Required for Kansas Homicide Instructions
State v. Sims, No. 115,038 (Kan. Nov. 30, 2018) Issue: The Kansas Supreme Court has previously held that courts must instruct juries to consider both greater and lesser offenses simultaneously in homicide cases. After years of criticism, should courts still require simultaneous instructions? Answer: No. Requiring …
Posted on January 8, 2019
Arrests on Outstanding Warrants Don’t Justify Searches of Bags Outside the Owner’s Control
State v. Ritchey, No. 118,905, (Kan. Ct. App. Nov. 2, 2018) Issue: Law enforcement may conduct a warrantless, though limited, “search incident to arrest” under the Fourth Amendment. Officers arrested Ritchey pursuant to an outstanding warrant. Could they …
Updated on November 19, 2018
Marital Discord Isn’t Always a § 60-455 “Crime or Civil Wrong”
State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018). Issue: The Kansas Rules of Evidence prohibit using evidence of past “crimes or civil wrongs” as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past …
Updated on January 8, 2019
Courts Don’t Have to Explain Denials of Downward Departures
State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica’s law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot …
