Category: Trials

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. …

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? …

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.  …

(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 …

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 …

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? …

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, …

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.

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 …

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 …