Tag: evidence

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 …

An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment

Ryan Kielczewski, Staff Editor

District court did not err by excluding evidence of a polygraph examination because Defendant failed to proffer evidence that the examination was coercive.

Cumulative Error Analysis: Why Courts Need to Consider the Benefit Received by Opposing Party when Prejudicial Information is Presented

Stephany Rohleder, Staff Editor State v. Taylor, No. 118,792, (Kan. Oct. 8, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/118792_1.pdf?ext=.pdf Issue:  The Kansas Court of Appeals found five errors when Taylor appealed his criminal conviction.  Four errors were not reversible either collectively or individually.  …

DNA Testing: Important Enough for Extended Jurisdiction and Too Important to Wait for Final Sentencing

Author: Kat Girod, Staff Editor State v. Thurber, No. 122,739, (Kan. Aug. 13, 2021). Issue: Does Kan. Stat. Ann. § 21-2512 extend a district court’s jurisdiction to consider a petition for DNA testing after the case has been …

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 …

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 …