Category: Kansas Criminal Procedure Survey
Updated on September 10, 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 …
Updated on September 10, 2024
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
State v. O’Brien, No. 124,524, 2024 WL 62815 (Kan. Ct. App. Jan. 5, 2024). Gabby Phillips, Staff Editor Issue: Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore …
Updated on September 10, 2024
A Continuance by Any Other Name: Kansas Court of Appeals Finds that Trial, not Dismissal with Prejudice, is Appropriate Remedy for State’s Abuse of Process
State v. Peterson, No. 125,504 (Kan. App. Dec. 29, 2023) Joshua Lollar, Staff Editor Issue: Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process? …
Updated on September 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. …
Updated on September 10, 2024
The Perfect Chance to Re-Formulate an Imperfect Instruction
Karlie Ruder, Staff Editor
The Tenth Circuit clarifies when district courts must formulate and offer imperfect self-defense jury instructions.
Updated on September 10, 2024
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 10, 2024
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.
