Category: Kansas Criminal Procedure Survey
Updated on September 10, 2024
The Criminal Restitution Statutes: Severing the Problematic Portions to Protect the Right to a Jury
Sarah Schmitz, Staff Editor State v. Arnette, No. 112,572, (Kan. Oct. 15, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/112572_3.pdf?ext=.pdf Issue: Under Kan. Stat. Ann. § 21-6604(b)(2) and Kan. Stat. Ann. § 22-3424(d)(1), criminal restitution shall be collected and enforced as a civil judgment …
Updated on September 10, 2024
Cumulative Error Analysis: Why Courts Need to Consider the Benefit Received by Opposing Party when Prejudicial Information is Presented
Stephany Rohleder, Staff Editor State v. Taylor, No. 118,792, (Kan. Oct. 8, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/118792_1.pdf?ext=.pdf Issue: The Kansas Court of Appeals found five errors when Taylor appealed his criminal conviction. Four errors were not reversible either collectively or individually. …
Updated on September 10, 2024
Statutory Differences Not Mere Semantics in Jury Instructions
Author: Lexi Christopher, Staff Editor State v. Jones, No. 119,764, (Kan. August 6, 2021) Issue: Jones was convicted of four counts of sexual exploitation of a minor under Kan. Stat. Ann. § 21-5510. Were the jury instructions clearly …
Updated on September 10, 2024
Absconding and Probation Revocation: Intent Requirements
Author: Dahnika Short, Comments Editor State v. Dooley, No. 120,863 (Kan. July 23, 2021) https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/120863_1.pdf?ext=.pdf Issue: Did Dooley possess the requisite intent under K.S.A. 2013 Supp. 22-3716 to warrant revocation of probation rather than the imposition of intermediate sanctions after a pattern of …
Updated on September 10, 2024
House Bill No. 2071 — Expanding Protection for Minors against Stalking
Author: Betsy Donahue, Staff Editor House Bill No. 2071 amends Kan. Stat. Ann. § 21-5427 to include additional protections for individuals under fourteen years old in Section 1(a)(4). Stalking now includes an individual’s intentional behavior toward a child …
Updated on September 10, 2024
State v. Albano: Revisiting the Right to Have a Jury Consider Sentence-Enhancing Prior Convictions
Author: Dahnika Short, Staff Editor State v. Albano, No. 120,767 (Kan. May 28, 2021) Issue: Does Section 5 of the Kansas Constitution Bill of Rights guarantee the right to have a jury determine the existence of sentence-enhancing prior convictions under the Kansas Sentencing Guidelines …
Updated on September 10, 2024
With Court’s Leave, Prosecutors May Dismiss Grand Jury Indictments
State v. Bird, No. 120,816 (Kan. Ct. App., Feb. 19, 2021). Author: Andrew Tague, Staff Editor Issue: Under Kansas common law, a prosecutor may dismiss or reduce any charge against a criminal defendant. Kan. Stat. Ann. § 22-3015(b), …
Updated on September 10, 2024
Compassionate Release in Prisons: A Moot Point After COVID-19 Infection
Author: Noelle Daniel, Staff Editor United States v. Mendy Read-Forbes, No. 20-3104 (10th Cir., Feb. 8, 2021) Issue: A defendant requested to be released into immediate home confinement because of the dangers she faced if she contracted COVID-19. …
