Category: Kansas Criminal Procedure Survey
Updated on November 16, 2024
To Group or Not to Group: U.S. Sentencing Guidelines Warrant Lenity when Grouping Charged and Uncharged Conduct
United States v. Tony, No. 23-2110 (10th Cir. Oct 29, 2024). Author: Ben DeKoning, Staff Editor Issue: Whether, having grouped two obstruction counts together under the U.S. Sentencing Guidelines, a court must further group those counts with the …
Updated on November 16, 2024
The “Jigsaw Puzzle” of Determining Law Enforcement Misconduct: The Kansas Supreme Court finds no misconduct where interrogation utilized both the Reid Technique and deception
State v. Garrett, No. 124,329, 2024 WL 4245190 (Kan., Sept. 20, 2024). Author: Alec Nee, Staff Editor Issue: Are there circumstances in which investigators can use both the Reid Technique and deception during interrogations? Answer: Yes. Investigators can use both the Reid …
Updated on November 16, 2024
But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment
State v Nunez, No. 125,141 (Kan. Aug. 30, 2024). Author: Madi Stapleton, Staff Editor Issue: Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented …
Updated on September 10, 2024
A Window to the Public Eye: Tenth Circuit Holds Using a Pole Camera Does Not Violate the Fourth Amendment If It Captures Activities Performed in Public View
United States v. Hay, 95 F.4th 1304 (10th Cir. 2024). Author: Alex Falk, Staff Editor Issue: “Does the Fourth Amendment permit the government to surveil a home for months on end without a warrant?” Answer: Yes. Surveillance does …
