Tag: statutory interpretation

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

Kansas v. Smith, No. 126,038, 2025 WL 350217 (Kan. Ct. App. Jan. 31, 2025). Author: Michael Moore, Staff Editor Issue: Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life …

A Limitation on Lawrence: Why Lawful Consent is not a Legal Defense to Child Pornography Possession in Kansas

State v. Sanders, No. 126,406, 2025 WL 63422 (Kan. App. 2025). Author: Lucas Dorrell, Staff Editor  Issue:  Does K.S.A. § 21-5510(a)—which criminalizes the creation and possession of child pornography—unconstitutionally criminalize “private sexual conduct”[1] under the 14th Amendment Substantive Due Process Clause …

Counting Lessons for Lawyers: A “Third or Subsequent” Conviction Requires a Preexisting First and Second Conviction for Drug-Crime Sentencing

State v. Bell, No. 125,770, 2024 WL 5174550 (Kan. Ct. App. Dec. 20, 2024). Author: Carson Schmidt, Staff Editor Issue: When sentencing for drug crimes, does K.S.A. § 21-6805(f)(1) use the “inclusive rule” for “third or subsequent felony [drug] …

Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants

In re Wrongful Conviction of Mashaney, No. 126,550, 2024 WL 4576237 (Kan. Oct. 25, 2024). Author: Kaegan Cowan, Staff Editor Issue: In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the …

Wherefore Art Thou Romeo? Kansas Court of Appeals Finds the Romeo and Juliet Defense Inapplicable to K.S.A. § 21-5510(a)(4)

State v. Grant, No. 126,491 (Kan. Ct. App. Sept. 13, 2024). Author: Hannah Levy, Staff Editor Issue: Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)? Answer: No.  The Romeo and …

Speak Now or Forever Hold Your Peace: Tenth Circuit Finds That a Party Must Provide Grounds to Preserve a Request for Action Under Criminal Rule 51(b)

United States v. Capps, No. 23-3095 (10th Cir., Aug. 13, 2024). Author: Remi Moeller, Staff Editor Issue: Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take …

Breaking the Age Limit: Compensating Juveniles for Wrongful Incarceration in Kansas

Author: Drew Elizabeth Davis, Comment Editor Intro In 2018, the Kansas Legislature enacted Section 60-5004 of the Kansas Statutes, which establishes “civil action[s] for persons who were wrongfully convicted and imprisoned.”[1] The statute provides that if an individual …

Lost in Translation? Interpreters’ Out-of-Court Statements Should Be Admissible Under Kan. Stat. Ann. § 60-460(d)(1)

By: Hayley Koontz, Comment Editor I. Introduction Maria is in a hospital because she lost consciousness after her ex-boyfriend broke into her home and hit her repeatedly.  Maria provides an account of her experience to a social worker.  …

Lucky Number 13: Why Courts have Discretion to Allow Debtors to Cure Chapter 13 Arrearages after Five Years

By: Richard Weber, Comment Editor I. Intro “I, declare…bankruptcy!”[1]  In the television show The Office, paper supplies manager Michael Scott believes all that is necessary to declare bankruptcy is to verbally “declare” bankruptcy.[2]  Fortunately, one of his co-workers …

Resolving Ambiguity: Kansas Supreme Court Says “Lesser Crime” in Kan. Stat. Ann. § 21-5109(b)(2) Means “a Crime with a Lesser Penalty”

State v. Martin, No. 124,607, 2024 WL 1122666 (Kan. Mar. 15, 2024). Author: Jack Atherton, Staff Editor Issue:  Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)? Answer:  No.  …