Category: Statutory Interpretation
Updated on September 17, 2020
No Retroactive Application: Probation Revocation and the 2019 Amendments
Author: Parker Bednasek, Staff Editor State v. Dominguez, No. 121,618, (Kan. Ct. App. Aug. 28, 2020) Issue: Prior to 2019, Kan. Stat. Ann. § 22-3716 (c)(1)(A)–(D)[1] required a court to impose both a jail sanction and a prison …
Updated on September 8, 2020
Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious
Author: Besty Donahue, Staff Editor State v. Vaughn, No. 121,340 (Kan. Ct. App., Aug. 14, 2020). Issue: Kan. Stat. Ann. § 21-6606(d)[1] mandates that individuals convicted of felonies while on bond release for a prior felony shall serve …
Updated on August 25, 2020
“Knife” Definition Declared Unconstitutionally Vague
Author: Emily Otte, Executive Comments Editor State v. Harris, No. 116,515, (Kan. July 17, 2020) Issue: In Kansas, it is illegal for a convicted felon to possess a knife. A knife is defined in Kan. Stat. Ann. 2019 …
Updated on July 20, 2020
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 April 9, 2020
A Taser is a Deadly Weapon
State v. Carter, No. 116,223 (Kan. Mar. 6, 2020). Issue: Is a taser a “deadly weapon” within the meaning of Kan. Stat. Ann. § 22-4902(e)(2)? Answer: Yes, a taser is a “deadly weapon” because a taser could be …
Updated on June 2, 2020
Payment Plans for Restitution
State v. Roberts, No. 120,377 (Kan. Ct. App. Feb. 21, 2020). Issue: Did the district court illegally sentence a defendant by failing to establish a payment plan when ordering her to pay restitution? Answer: Yes, the plain language …
Updated on June 2, 2020
Sweeping Hand Gesture Counts as Consent to Search
State v. Daino, No. 120,824, (Kan. Ct. App. Jan. 10, 2020). Issue: Does opening a door to a residence and simultaneously making a non-verbal sweeping gesture in response after an officer’s request to enter count as consenting to …
Updated on June 2, 2020
Is Anyone Home? Dwelling Definition Reverses Burglary Conviction
State v. Downing, No. 116,629 (Kan. Jan. 24, 2020). Issue: Does a house meet the definition of “dwelling” for the purposes of Kan. Stat. Ann. § 21-5807(a)(1) if the house is uninhabited at the time of a burglary …
Updated on June 2, 2020
Voluntary Intoxication Not a Defense to Reckless Homicide
State v. Claerhout, No. 115,227 (Kan. Dec. 6, 2019). Issue: (1) Did the trial court correctly admit a past diversion agreement to demonstrate a a knowledge of the dangers of driving while intoxicated? (2) Is voluntary intoxication a …
Category: Kansas Criminal Procedure Survey, Statutory Interpretation, Trials Tags: Claerhout, driving under the influence, involuntary manslaughter, K.S.A. 2018 Supp. 60-455(b), prior crimes admitted as evidence, prior diversion agreement, reckless driving, reckless second-degree murder, Recklessness, Voluntary intoxication
Updated on December 21, 2019
Retroactively Applying Limited Fact Finding for Out of State Prior Convictions to Illegal Sentence Challenges
State v. Gales, No. 119,302 (Kan. Oct. 4, 2019). Issue: Should limited fact finding for out of state prior convictions to illegal sentence challenges apply retroactively? Answer: Yes. Limited fact finding for out of state prior convictions to …
