Category: Kansas Criminal Procedure Survey
Updated on September 12, 2022
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.
Posted on August 22, 2022
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.
Updated on July 18, 2022
Reaching Conviction by Trial and Error: Amending Grand Jury Indictments
Kansas Supreme Court finds Kan. Stat. Ann. § 22-3015 does not apply to amended indictments from a grand jury.
Updated on April 20, 2022
Equal Protection of the Laws is Not Discretionary
Evan Bolton, Staff Editor State v. Myers, No. 123,439 (Kan. Ct. App. April 8, 2022) Issue: Does § 21-6819 of the Kansas Sentencing Guidelines Act, which allows two or more criminal cases to be consolidated for trial if …
Updated on April 10, 2022
Senate Bill No. 367 — Making it Easier to Return Seized Property
Author: Erin Levy, Staff Editor Senate Bill No. 367 amends K.S.A. § 22-2512 to clarify and codify best practices for disposition and destruction of property seized by law enforcement. It adds to § 22-2512(a) the direction that “[i]f …
Updated on February 20, 2022
Probation Revocation? Not if You’re a Day Late and a Procedure Short
Katelyn Girod, Staff Editor State v. Darkis, No. 122,706, (Kan. Jan. 28, 2022) Issue: May a district court revoke a criminal defendant’s probation and remand the defendant to prison using procedures other than a warrant for arrest or …
Updated on February 20, 2022
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations …
