Tag: jury
Updated on November 16, 2024
But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment
State v Nunez, No. 125,141 (Kan. Aug. 30, 2024). Author: Madi Stapleton, Staff Editor Issue: Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented …
Updated on September 10, 2024
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.
Updated on September 10, 2024
Kansas District Courts’ Authority to Interpret Ambiguous Jury Verdicts
Author: Ellen Bertels, Comments Editor State v. Brown, No. 115,817 (Kan. June 5, 2020). Issue: Can a district court invoke the surplusage rule and discard part(s) of a jury verdict form when the form incorrectly lists the crimes …
Updated on September 10, 2024
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 …
