Category: Kansas Criminal Procedure Survey
Updated on June 13, 2021
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 March 22, 2021
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 March 5, 2021
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. …
Updated on January 28, 2021
Court of Appeals Greenlights Legislature on Severe Punishments for Failing to Register
State v. Genson, No. 121,014, (Kan. Ct. App., Dec. 18, 2020). Author: Ryan Gordon, Associate Editor Issue: Is the Kansas Offender Registration Act (KORA) unconstitutional because it criminalizes failure to register as a level six person felony without …
Updated on January 26, 2021
Supplementing the Pattern Premeditation Jury Instruction: Necessary or Unnecessarily Confusing?
Author: Dahnika Short, Staff Editor State v. Stafford, No. 120,481 (Kan. Dec. 23, 2020) Issue: Was the addition of a Bernhardt instruction to the premeditation Pattern Instruction for Kansas (PIK) confusing and therefore legally inappropriate? Answer: No. There …
Updated on January 14, 2021
The Language Conduit Rule: Admitting Interpreters’ Hearsay Statements in Kansas
Author: Cayce Good, Staff Editor State v. Gutierrez-Fuentes, No. 120,339, (Kan. Ct. App., Nov. 25, 2020) Issue: Under Kan. Stat. Ann. § 60-460, statements made by a person other than a witness testifying in court are considered inadmissible …
