Category: Statutory Interpretation
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
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 September 10, 2024
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 September 10, 2024
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 September 10, 2024
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 September 10, 2024
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 September 10, 2024
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 …
Updated on September 10, 2024
Lifetime Registration of Juvenile Sex Offenders Found Constitutional
State v. N.R., No. 119,796 (Kan. App. Sept. 27, 2019). Issue: The Kansas Offender Registration Act (KORA) requires lifetime registration as a sex offender for juveniles convicted of severity level 1 felonies. N.R. was convicted of rape when he was …
Updated on September 10, 2024
An Untimely Appeal Under 28 U.S.C. § 2255
United States v. Salazar, No. 19-1119 (10th Cir. Aug. 16, 2019). Issue: Defendants may appeal a sentence under 28 U.S.C. § 2255 but, with limited exceptions, must do so within one year. The defendant was sentenced on March 20, 2017 …
Updated on September 10, 2024
Time in Jail Awaiting Sanction Should be Credited Toward That Sanction
State v. Chardon, No. 119464 (Kan. Ct. App. Aug. 23, 2019). Issue: Defendant Christian Chardon was arrested for violating probation. Unable to make bond, he was in jail for 65 days awaiting his disposition hearing. At the hearing, the court …
