Category: Kansas Criminal Procedure Survey
Updated on September 10, 2024
Mootness After Sentence Completion: A Prudential Analysis
Under Kansas law, a petitioner’s appeal to correct an illegal sentence is moot if the sentence is already complete, unless there is a collateral injury that the motion can correct.
Updated on September 10, 2024
Where Mental Culpability Not Required, Voluntariness Still Relevant to the Actus Reus Requirement
Author: Shelby Sternberg, Comments Editor State v. Dinkel, No. 113,705 (Kan., June 12, 2020) Issue: K.S.A. 21-5503(a)(3) has no requirement for mental culpability for rape when it involves sexual intercourse with a child under 14, which is unique …
Updated on September 10, 2024
Understanding Jury Trial Waivers
State v. Harris, No. 117,362 (Kan., Apr. 17, 2020). Issue: Is telling both your attorney, who has informed you of your rights, and the district court, which asks for a choice between a “bench trial and the case …
Updated on September 10, 2024
Defendant’s Responsibility for Fact Finding in Constitutional Sentencing Challenges
State v. Espinoza, No. 118,737 (Kan. Apr. 24, 2020). Issue: Whether a high court must remand a case to the lower court to develop the necessary factual record for an as-applied challenge to a sentence arguing it was …
Updated on September 10, 2024
Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops
Kansas v. Glover, 140 S.Ct. 1183 (2020). Issue: When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the …
Updated on September 10, 2024
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 September 10, 2024
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 September 10, 2024
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 …
