Category: Trials

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 …

Marital Discord Isn’t Always a § 60-455 “Crime or Civil Wrong”

State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018).  Issue: The Kansas Rules of Evidence prohibit using evidence of past “crimes or civil wrongs” as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past …