Category: Kansas Criminal Procedure Survey

Evidence Found After Discovery of Outstanding Warrant During Welfare Stop is Inadmissible

State v. Manwarren, No. 119,520 (Kan. Ct. App. Apr. 12, 2019). Issue: Unconstitutionally-obtained evidence should be suppressed unless the connection between the evidence and the constitutional violation is too attenuated. Law enforcement officers encountered Richard Manwarren during a …

No Appeal for the Imposition of Adult Sentences on Juveniles Who Violate Terms of Conditional Release

In the Matter of J.S.P., No. 118,790 (Kan. Ct. App. Mar. 15, 2019). Issue: Does a court have jurisdiction over a juvenile offender’s appeal from the revocation of a juvenile sentence and the imposition of an extended juvenile …

Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed

State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019) Issue: Some offenders qualify for postconviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of …

Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing

State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the …

Prosecutorial Error May Occur During Sentencing Proceedings

State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …

Publicly-Parked Car Not Seized After Arrest

State v. Parker, No. 112,959 (Kan. Dec. 7, 2018) Issue: Parker was arrested outside his locked car. His car sat in a public parking lot until a drug dog arrived to sniff the vehicle. Was his car unlawfully “seized” by the officers during this time?   …

Marijuana Odor Can Justify Probable Cause

State v. Hubbard, No. 113,888 (Kan. Dec. 7, 2018) Issue: Can marijuana odor supply probable cause? Answer: Yes, based on the totality of the circumstances including: proximity, strength of odor, the investigating officer’s experience, etc.

Officers Cannot Search Containers of Already-Identified Drivers Involved in Accident Without a Warrant

State v. Evans, No. 119,458 (Kan. Nov. 21, 2018) Issue: The “community caretaking” exception to the warrant requirement allows officers to conduct limited warrantless searches. Evans, who had already identified herself to officers, was taken from the scene of a car …

Simultaneous Consideration No Longer Required for Kansas Homicide Instructions

State v. Sims, No. 115,038 (Kan. Nov. 30, 2018) Issue: The Kansas Supreme Court has previously held that courts must instruct juries to consider both greater and lesser offenses simultaneously in homicide cases. After years of criticism, should courts still require simultaneous instructions? Answer: No. Requiring …

Arrests on Outstanding Warrants Don’t Justify Searches of Bags Outside the Owner’s Control

State v. Ritchey, No. 118,905, (Kan. Ct. App. Nov. 2, 2018) Issue: Law enforcement may conduct a warrantless, though limited, “search incident to arrest” under the Fourth Amendment. Officers arrested Ritchey pursuant to an outstanding warrant. Could they …

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.