Kansas Criminal Procedure Survey
What is it?
The Kansas Law Review Criminal Procedure Survey is a guide to changes in Kansas criminal procedure for legal practitioners and judges. The Survey reflects the evolution of Kansas case law and statutes throughout the school year to provide a snapshot of the current state of the law. It examines United States Supreme Court, Tenth Circuit Court of Appeals, Kansas Supreme Court, and Kansas Court of Appeals precedent. It further notes applicable Kansas statutes and developments in the substantive law. We intend this Survey to serve as a useful reference for practitioners and judges.
This page is where new blog posts will be uploaded when there are relevant and novel decisions that we believe will be impactful in future litigation. The newest blog posts will be at the top and date back to the first of the calendar year. Once the calendar year is complete, the blog posts will be transferred to the yearly archives. In addition, all articles can be searched by topic.
Delaying the . . . Evitable? Tenth Circuit Invalidates District Court’s Revocation of a Statutory-Maximum, Expired Sentence for Supervised Release Because of Six-Month Delay
Staff Editor Lane Barrette
Mar. 13, 2025
Is 18 U.S.C. § 3583(i) a jurisdictional provision? If so, is it “reasonably necessary” to enforce conditions of an expired term of supervision during a six-month delay between expiration and revocation?
Right Place, Wrong Argument: Section 10 of the Kansas Constitution is Not a Jurisdiction Provision
Staff Editor Davis Bax
Mar. 3, 2025
Does section 10 of the Kansas Constitution impact a court’s subject matter jurisdiction?
Innocent on Paper, Guilty at Heart Kansas Supreme Court Clarifies the Meaning of “Actual Innocence” for Wrongful Conviction Actions
Staff Editor Peyton Emler
Feb. 27, 2025
Can a claimant receive wrongful conviction compensation if they are found guilty of the statutory elements of the charged crime, but where the state dismisses the conviction due to the misidentification of victims?
Anything Officers Say Can and Will Be Used Against Them: The Kansas Court of Appeals Finds Another Instance of a Detective Downplaying Miranda
Staff Editor Hadley Sayers
Feb. 16, 2025
Does a detective downplay the significance of the Miranda warning by saying that the warning is just part of their paperwork?
How Would You Like to Pay? Kansas Court of Appeals Holds That a Defendant Cannot Be Ordered to Use a Specific Asset to Pay Restitution
Staff Editor Michael Moore
Feb. 10, 2025
Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life insurance policy to their victim as part of their restitution?
A Limitation on Lawrence: Why Lawful Consent is not a Legal Defense to Child Pornography Possession in Kansas
Staff Editor Lucas Dorrell
Feb. 5, 2025
Does K.S.A. § 21-5510(a)—which criminalizes the creation and possession of child pornography—unconstitutionally criminalize “private sexual conduct” under the 14th Amendment Substantive Due Process Clause and Lawrence v. Texas, when the victim is above the age of consent but nonetheless a minor.
Two-For-One: Kansas Supreme Court Rules That Carjacker Can be Convicted of Aggravated Robbery of Car’s Passenger, Premeditation Can be Formed in Five Seconds
Staff Editor Thea Hack
Jan. 8, 2025
(1) In the context of a carjacking, can aggravated robbery of a vehicle be committed against a non-owner passenger of the vehicle? (2) Can premeditation be formed in five seconds?
Counting Lessons for Lawyers: A “Third or Subsequent” Conviction Requires a Preexisting First and Second Conviction for Drug-Crime Sentencing
Staff Editor Carson Schmidt
Jan. 5, 2025
When sentencing for drug crimes, does K.S.A. § 21-6805(f)(1) use the “inclusive rule” for “third or subsequent felony [drug] conviction[s]”—such that when a defendant with one prior conviction is concurrently convicted of two separate felony drug convictions, each crime scores the other as its second prior conviction and is itself designated as a third conviction?