Category: Kansas Criminal Procedure Survey
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 …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
A Welfare Check Gone Arrest: Attenuation Doctrine and the Fourth Amendment
Author: Dahnika Short, Staff Editor State v. Ellis, No. 120,046 (Kan. August 8, 2020) Issue: The attenuation doctrine renders illegally obtained evidence admissible when the connection between the evidence and the unconstitutional police conduct is sufficiently remote or …
Updated on September 10, 2024
District Courts May Impose Sentences Concurrently or Consecutively When the Sentencing Occurs for Multiple Cases on the Same Day
Author: Michael Raven, Comments Editor State v. Dunham, No. 121,081 (Kan. Ct. App., July 31, 2020) Issue: Following his probation revocation, the trial court sentenced Jeremy Dunham for multiple cases on the same date. Kan. Stat. Ann. § …
