Tag: due process
Posted on March 28, 2024
G.O.[ing] Away from McCarther: Kansas’s Reliability Standard as a Test for the Voluntariness of Confessions is Inapposite to the Fourteenth Amendment Due Process Clause.
State v. G.O., No. 124,676, 2024 Kan. LEXIS 23 (Kan. Mar. 1, 2024) Author: Clayton Anderson, Staff Editor Issue: Does Kan. Stat. Ann. § 60-460(f)(2)(B)’s hearsay exception—or its reliability standard—apply when courts decide whether a defendant’s confession to …
Posted on January 8, 2019
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …
Posted on January 8, 2019
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 …
