Category: Kansas Criminal Procedure Survey
Updated on December 21, 2019
Police Officers Exceed Scope of Welfare Check
State v. Ellis, No. 120,046 (Kan. Ct. App. Nov. 15, 2019) Issue: Did a police officer exceed the scope of a permissible welfare check when he detained the person for whom the welfare check was called after he …
Updated on December 21, 2019
“Reckless Disregard for Causing Fear” is Unconstitutionally Over Broad
State v. Boettger, No. 115,387 (Kan. Oct. 25, 2019). Issue: Is the Kansas criminal threat statute, which allows conviction if a person makes a threat in reckless disregard of causing fear, constitutionally over broad? Answer: Yes. Recklessness is …
Updated on December 21, 2019
Updated Transitional Release Requirements
In re Care & Treatment of Quillen, No. 120, 184 (Kan. Ct. App. Oct. 18, 2019). Issue: Is the State required to prove “serious difficulty in controlling behavior,” when arguing a person does not meet the qualifications for …
Updated on December 21, 2019
Protection from Stalking Orders Cannot Restrict Speech
State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019). Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in …
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Updated on December 21, 2019
Party Benefitting from Erroneous Judicial Comment Bears Burden
State v. Boothby, No. 116,505 (Kan. Sept. 6, 2019). Issue: A district judge made an erroneous comment regarding Boothby’s case in front of the jury. Is an erroneous judicial comment made in front of a jury that is not part …
Category: Kansas Criminal Procedure Survey, Trials, Uncategorized Tags: Erroneous Comments, Judicial comment error, Judicial error, Judicial Misconduct