Category: Kansas Criminal Procedure Survey
Updated on June 2, 2020
Criminal History Calculations with Prior In-State Convictions
State v. Coleman, No. 115,293 (Kan. Apr. 3, 2020) Issue: When calculating criminal history with prior in-state convictions committed before Kansas Sentencing Guidelines reform, does the Wetrich “identical-or-narrower” test apply? Answer: Yes. The elements of the prior in-state …
Updated on April 19, 2020
Court Videoconferencing and Deadline Extensions
2020 Kan. Sess. Laws Ch. 4 (S.B. 102) Summary: The House Substitute for Senate Bill 102 allows the Chief Justice of the Kansas Supreme Court to extend any statutory deadline and to authorize video conferences in any court …
Updated on June 2, 2020
Knowingly and Fairly Made Pleas
State v. Terning, No. 119,904 (Kan. Ct. App. Feb. 20, 2020). Issue: Under a motion to withdraw, is a plea knowingly and fairly made when the possible sentence term was mathematically different from the corrected sentence term? Answer: Yes, a …
Updated on June 2, 2020
Checking Warrants are within the Scope of Public Safety Stops
State v. McKenna, No. 119,431 (Kan. Ct. App. Jan. 31, 2020). Issue: Is an officer asking for a person’s name and subsequently checking that name for local warrants within the scope of a public safety stop? Answer: Yes, …
Updated on June 2, 2020
Probation Revocation Hearings Require Competency
State v. Gonzalez, No. 120,179 (Kan. Ct. App. Dec. 27, 2019). Issue: There is no statutory protection requiring a defendant be competent at a hearing to revoke his probation. Is competence constitutionally protected nonetheless at this stage? Answer: …
Updated on June 2, 2020
Warrantless Blood Test Requires a Remand
State v. Chavez-Majors, No. 115,286 (Kan. Dec. 20, 2019). Issue: Was there probable cause to administer a warrantless blood test on an unconscious driver suspect of a drunk-driving offense? Answer: Yes, there was probable cause to administer a warrantless blood test …
