Category: Uncategorized
Updated on November 16, 2024
Addressing Egregious Misconduct: The Kansas Supreme Court holds that criminal defendants can forfeit the right to counsel
State v. Trass, No. 122,713, 2024 WL 4311525 (Kan. Sept. 27, 2024). Author: Luke Arney, Staff Editor Issue: Can a criminal defendant forfeit the right to counsel through misconduct as a matter of law? Answer: Yes, a defendant can forfeit the …
Updated on September 10, 2024
State v. Albano: Revisiting the Right to Have a Jury Consider Sentence-Enhancing Prior Convictions
Author: Dahnika Short, Staff Editor State v. Albano, No. 120,767 (Kan. May 28, 2021) Issue: Does Section 5 of the Kansas Constitution Bill of Rights guarantee the right to have a jury determine the existence of sentence-enhancing prior convictions under the Kansas Sentencing Guidelines …
Updated on September 10, 2024
Understanding Jury Trial Waivers
State v. Harris, No. 117,362 (Kan., Apr. 17, 2020). Issue: Is telling both your attorney, who has informed you of your rights, and the district court, which asks for a choice between a “bench trial and the case …
Updated on September 10, 2024
Defendant’s Responsibility for Fact Finding in Constitutional Sentencing Challenges
State v. Espinoza, No. 118,737 (Kan. Apr. 24, 2020). Issue: Whether a high court must remand a case to the lower court to develop the necessary factual record for an as-applied challenge to a sentence arguing it was …
Updated on September 10, 2024
Kansas v. Glover: U.S. Supreme Court Decides Kansas Case About Traffic Stops
Kansas v. Glover, 140 S.Ct. 1183 (2020). Issue: When an officer learns the registered owner of a vehicle has a revoked driver’s license and initiates a traffic stop, is the inference that the registered owner is also the …
Updated on September 10, 2024
Protection from Stalking Orders Cannot Restrict Speech
State v. Smith, No. 119,919 (Kan. Ct. App. Sept. 27, 2019). Issue: Smith was convicted for violating her protection from stalking (“PFS”) order that prohibited her from making disparaging statements in public about Perez. Does this provision in …
Updated on September 10, 2024
A Message from the Editor in Chief
The University of Kansas Law Review is pleased to announce the launch of its all-new Kansas Criminal Procedure Blog, the new home for the Kansas Criminal Procedure Survey. The Criminal Procedure Survey is a long-standing tradition of the …
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Updated on September 10, 2024
Party Benefitting from Erroneous Judicial Comment Bears Burden
State v. Boothby, No. 116,505 (Kan. Sept. 6, 2019). Issue: A district judge made an erroneous comment regarding Boothby’s case in front of the jury. Is an erroneous judicial comment made in front of a jury that is not part …
Category: Kansas Criminal Procedure Survey, Trials, Uncategorized Tags: Erroneous Comments, Judicial comment error, Judicial error, Judicial Misconduct