Category: Trials
Updated on January 26, 2024
What’s Your Motive: Kansas Court of Appeals Extends Relevant Impeachment Evidence to a Witness’s Contemplated Civil Action Against a Criminal Defendant
State v. O’Brien, No. 124,524, 2024 WL 62815 (Kan. Ct. App. Jan. 5, 2024). Gabby Phillips, Staff Editor Issue: Is a witness’s contemplation of filing a lawsuit against the defendant relevant impeachment evidence that a defendant may explore …
Posted on January 26, 2024
A Continuance by Any Other Name: Kansas Court of Appeals Finds that Trial, not Dismissal with Prejudice, is Appropriate Remedy for State’s Abuse of Process
State v. Peterson, No. 125,504 (Kan. App. Dec. 29, 2023) Joshua Lollar, Staff Editor Issue: Did the district court abuse its discretion when it dismissed the State’s case with prejudice to sanction the prosecutor for abuse of process? …
Updated on September 25, 2023
The Perfect Chance to Re-Formulate an Imperfect Instruction
Karlie Ruder, Staff Editor
The Tenth Circuit clarifies when district courts must formulate and offer imperfect self-defense jury instructions.
Updated on October 24, 2021
The Criminal Restitution Statutes: Severing the Problematic Portions to Protect the Right to a Jury
Sarah Schmitz, Staff Editor State v. Arnette, No. 112,572, (Kan. Oct. 15, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/112572_3.pdf?ext=.pdf Issue: Under Kan. Stat. Ann. § 21-6604(b)(2) and Kan. Stat. Ann. § 22-3424(d)(1), criminal restitution shall be collected and enforced as a civil judgment …
Updated on August 25, 2021
Statutory Differences Not Mere Semantics in Jury Instructions
Author: Lexi Christopher, Staff Editor State v. Jones, No. 119,764, (Kan. August 6, 2021) Issue: Jones was convicted of four counts of sexual exploitation of a minor under Kan. Stat. Ann. § 21-5510. Were the jury instructions clearly …
Updated on March 22, 2021
With Court’s Leave, Prosecutors May Dismiss Grand Jury Indictments
State v. Bird, No. 120,816 (Kan. Ct. App., Feb. 19, 2021). Author: Andrew Tague, Staff Editor Issue: Under Kansas common law, a prosecutor may dismiss or reduce any charge against a criminal defendant. Kan. Stat. Ann. § 22-3015(b), …
