Category: Kansas Criminal Procedure Survey
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. …
Updated on September 10, 2024
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 September 10, 2024
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 …
