Category: Statutory Interpretation
Updated on November 16, 2024
Wherefore Art Thou Romeo? Kansas Court of Appeals Finds the Romeo and Juliet Defense Inapplicable to K.S.A. § 21-5510(a)(4)
State v. Grant, No. 126,491 (Kan. Ct. App. Sept. 13, 2024). Author: Hannah Levy, Staff Editor Issue: Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)? Answer: No. The Romeo and …
Updated on November 16, 2024
Speak Now or Forever Hold Your Peace: Tenth Circuit Finds That a Party Must Provide Grounds to Preserve a Request for Action Under Criminal Rule 51(b)
United States v. Capps, No. 23-3095 (10th Cir., Aug. 13, 2024). Author: Remi Moeller, Staff Editor Issue: Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take …
Updated on September 10, 2024
Correcting Clear Error: Kansas Supreme Court Says That Unpreserved Jury-Instruction Issues Can No Longer Dodge the Plain Text of K.S.A. § 22-3414(3)
State v. Waldschmidt, No. 123,631 (Kan. Apr. 12, 2024). Author: Naomi Franklin, Staff Editor Issue: Can an unpreserved jury-instruction issue that is not clearly erroneous dodge Kan. Stat. Ann. § 22-3414(3) and become part of cumulative-error analysis? Answer: No. …
Updated on September 10, 2024
RICO, We Have a Problem: Kansas Court of Appeals Finds That Juvenile Adjudications Are Included in the Definition of “Racketeering Activity” Under the Kansas RICO Act.
State v. Dixon, No. 125,992 WL 1335680 (Kan. Mar. 29, 2024). Author: Claire Burns, Staff Editor Issue: Under the Kansas Racketeer Influenced and Corrupt Organizations Act (“Kansas RICO Act”), does the definition of “racketeering activity” include juvenile adjudications? …
Updated on September 10, 2024
Resolving Ambiguity: Kansas Supreme Court Says “Lesser Crime” in Kan. Stat. Ann. § 21-5109(b)(2) Means “a Crime with a Lesser Penalty”
State v. Martin, No. 124,607, 2024 WL 1122666 (Kan. Mar. 15, 2024). Author: Jack Atherton, Staff Editor Issue: Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)? Answer: No. …
Updated on September 10, 2024
(Unallocated) Space, the Final Frontier: New Interpretations of What Constitutes Possession of Child Pornography
State v. Ballantyne, No. 125,064, 2024 WL 388161 (Kan. Ct. App. Feb. 2, 2024). Author: Jay Shank, Staff Editor Issue: Does child pornography stored within a computer’s unallocated space constitute possession of child pornography? Answer: No. Because computers …
Updated on September 10, 2024
Beyond Age Limits: Parental Discipline as a Defense for Parents of Majority Aged Children
State v. Andazola, No. 125,166, 2023 WL 7405069 (Kan. Ct. App. Nov. 9, 2023). Jack Atherton, Staff Editor Issue: Is the parental-discipline defense to a domestic-battery charge available when the child is 18 years old, living at home, …
Updated on September 10, 2024
The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition.
State v. Hopkins, No. 124,851, 2023 WL 6933634 (Kan. Oct. 20, 2023). Clayton Anderson, Staff Editor Issue: Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is …
Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: Campbell, charge, Credit, Hopkins, Jail, overruled, sentence, solely, Time
Updated on September 10, 2024
$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis
Rachel Vande Kieft, Staff Edtior
The Tenth Circuit interprets the JVTA to apply on a per-count basis.
Updated on September 10, 2024
Para, Para, Para, Para, Paraphernalia: Single or Plural under Kansas Law?
Brooke Flucke, Staff Editor
Kansas Supreme Court interprets “drug paraphernalia” in K.S.A. § 21-5709(b) as plural so that there can only be a single unit of prosecution based on defendant’s intent for possession.
