Category: Kansas Criminal Procedure Survey
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. § …
Updated on September 10, 2024
Manifest Necessity Required to Declare Jury Deadlocked
Author: Emily Otte, Executive Comments Editor State v. Kornelson, No. 118,091 (Kan. July 2, 2020) Issue: Whether the goading standard or the manifest necessity standard applies to a double jeopardy claim when the defendant does not object or …
