Category: Kansas Criminal Procedure Survey
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.
Updated on September 10, 2024
Giving Credit Where Credit is Due: Defendants are Entitled to All Time Served on Concurrent Sentences for Consolidated Cases
Amanda McElfresh, Staff Editor
The Kansas Court of Appeals interpreted Kan. Stat. Ann. § 21-6615(a) to hold a defendant is entitled to jail time credit for all the time served on consolidated cases with a concurrent sentence when the record reflects the defendant was in pre-trial custody on both cases.
Updated on September 10, 2024
Every Breath(alyzer) You Take…Ask for an Attorney
Drew Elizabeth Davis, Staff Editor
Kansas Court of Appeals holds and officer must honor an individual’s request for counsel before the breathalyzer test is administered. If the officer disregards the request, the breathalyzer results must be suppressed at trial.
Updated on September 10, 2024
Admissibility of Breath Tests: Must an Intoxilyzer 9000 Operator Check a Subject’s Mouth?
Hayley Koontz, Staff Editor
The Kansas Court of Appeals affirms updated regulations do not require the breath test operator to check a the subjects mouth for the breath test to be admissible as evidence.
Updated on September 10, 2024
PIK Your Poison: Can the District Court Change Statutory PIK Instructions?
Brooke Flucke, Staff Editor
Kansas Supreme Court reverses Kansas Court of Appeals holding Pattern Jury Instructions may be amended even if they track the statutory language.
Updated on September 10, 2024
Direct or Collateral? The District Court’s Duty to Establish a Knowingly Made Plea
Hailey Reed, Staff Editor
Kansas Court of Appeals holds the district court is not required to inform a defendant that they will lose the right to vote or possess a firearm when they enter a nolo contendere plea to a felony.
Updated on September 10, 2024
An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment
Ryan Kielczewski, Staff Editor
District court did not err by excluding evidence of a polygraph examination because Defendant failed to proffer evidence that the examination was coercive.
