Category: Kansas Criminal Procedure Survey

There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History

Author: Randall Willnauer, Staff Editor State v. Gales, No. 119,302 (Kan. Dec. 4, 2020) Issue: Kansas courts score a defendant’s prior criminal history by determining, in part, whether a defendant’s out-of-state offenses were person or nonperson felonies. This …

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 …

Consent to Search Can be Given by Gestures, Kansas Supreme Court Clarifies

Author: Andrew Tague, Staff Editor State v. Daino, No. 120,824, (Kan. Nov. 13, 2020) Issue: The Fourth Amendment of the U.S. Constitution and section 15 of the Kansas Constitution Bill of Rights permit warrantless searches of an individual’s …

No Retroactive Application: Probation Revocation and the 2019 Amendments

Author: Parker Bednasek, Staff Editor State v. Dominguez, No. 121,618, (Kan. Ct. App. Aug. 28, 2020) Issue: Prior to 2019, Kan. Stat. Ann. § 22-3716 (c)(1)(A)–(D)[1] required a court to impose both a jail sanction and a prison …

Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious

Author: Besty Donahue, Staff Editor State v. Vaughn, No. 121,340 (Kan. Ct. App., Aug. 14, 2020). Issue: Kan. Stat. Ann. § 21-6606(d)[1] mandates that individuals convicted of felonies while on bond release for a prior felony shall serve …

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 …

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. § …

“Knife” Definition Declared Unconstitutionally Vague

Author: Emily Otte, Executive Comments Editor State v. Harris, No. 116,515, (Kan. July 17, 2020) Issue:  In Kansas, it is illegal for a convicted felon to possess a knife.  A knife is defined in Kan. Stat. Ann. 2019 …

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 …

Kansas Law Review blog

Kansas District Courts’ Authority to Interpret Ambiguous Jury Verdicts

Author: Ellen Bertels, Comments Editor State v. Brown, No. 115,817 (Kan. June 5, 2020). Issue:  Can a district court invoke the surplusage rule and discard part(s) of a jury verdict form when the form incorrectly lists the crimes …

The Kansas Criminal Procedure Survey provides valuable insight into Kansas criminal procedure to Kansas practitioners. The University of Kansas Law Review publishes updates to the survey on the Kansas Criminal Procedure Blog, the online home for the survey. The Criminal Procedure Survey is a long-standing tradition of the KU School of Law and the Law Review.

We are proud to adapt the Criminal Procedure Survey into a new format that will provide timely updates to Kansas practitioners about new criminal law changes in Kansas and the 10th Circuit.