Tag: Kansas Constitution

“Breathing New Life” into Section 15 of the Kansas Bill of Rights

Chris Birzer, Executive Comment Editor
This post argues that Section 15 of the Kansas Bill of Rights could be construed broader than the Fourth Amendment.

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 …