KANSAS COURT OF APPEALS STATE V. ALBANO, No. 120767 Syllabus: 1. An appellate court employs a multi-step process to review claims of jury instruction error. First, the court must decide whether the issue was preserved. Second, it must decide whether an error occurred by determining whether the...
KANSAS COURT OF APPEALS No published cases. KANSAS SUPREME COURT STATE V. COLEMAN, No. 115293: Wetrich applies to pre-KSGA convictions. Held: We hold the Wetrich test should also be used for Kansas crimes committed before the sentencing guidelines used the person or nonperson designations. St...
KANSAS COURT OF APPEALS STATE V. LUCAS, No. 120510: Certain convicted felons cannot possess a folding knife with a 4" blade. Facts: On the evening of February 11, 2018, a Wichita police officer stopped Lucas for a traffic infraction. The officer arrested him after a records check revealed an o...
The Kansas Supreme Court and Kansas Court of Appeals did not publish opinions on March 20, 2020. Be safe.
The Kansas City area has sadly reported its first Corona virus death just a few days ago. Several others in the area remain infected with COVID-19. Likely many more are infected but do not know it. Officials cannot say how widespread the virus is at this early stage due to inadequate testing a...
KANSAS COURT OF APPEALS STRICKERT V. KANSAS DEPT. OF REVENUE, NO. 120544: Following an administrative hearing, the Kansas Department of Revenue (KDR) suspended Jerry Strickert's driving privileges after finding that he refused to submit to a breath test on August 28, 2017. Strickert filed a pe...
KANSAS COURT OF APPEALS STATE V. HAYES, No. 120417: Breach of Privacy 1. To determine whether someone has a reasonable expectation of privacy under K.S.A. 2019 Supp. 21-6101(a)(6) we consider (1) whether the person subjectively believes he or she has an expectation of privacy in the situation a...
KANSAS COURT OF APPEALS State v. Henry, No. 119895: Single Larceny Rule & Extension of Probation Until Restitution is Paid 1. A series of larcenous acts, regardless of the amount and value of the separate parcels or articles taken, and regardless of the time occupied in the performance, may and...
KANSAS COURT OF APPEALS State v. Roberts, No. 120377: Restitution Held: Where the district court orders restitution but fails to set up a payment plan, the sentence is illegal. Syllabus: K.S.A. 2018 Supp. 21-6604(b)(2) refers to a "plan established by the court for payment of restitution." Th...
KANSAS COURT OF APPEALS No published cases. KANSAS SUPREME COURT State v. Peterson, No. 119314 A motion to correct an illegal sentence cannot raise claims that a sentence violates a constitutional provision. Peterson's Hard-25 challenge failed. State v. Newman, No. 118608 1. When reviewi...
KANSAS COURT OF APPEALS STATE V. ARCEO-ROJAS, No. 119266, Denial of the motion to suppress evidence was affirmed with Arnold-Burger dissenting. This case features a lengthy explanation of driving in the left lane under K.S.A. 8-1522. Officer had reasonable suspicion to extend a traffic stop ...
I understand this really isn't news. But, the recent change in the website killed the links to the opinions in the previous blog posts. You'll have to find them on your own now. Good luck...
KANSAS COURT OF APPEALS STATE V. MCKENNA, No. 119431, Scope of Public Safety Stop Application of the Gonzalez factors supported the district court's decision not to suppress evidence because the officer's actions were motivated by a desire to render aid or assistance, rather than to investigate...
KANSAS COURT OF APPEALS No published cases KANSAS SUPREME COURT STATE V. WILLIAMS, No. 115119 Remanded with directions Citing State v. Weber, 309 Kan. 1203, 1209 (2019), the Court noted that Wetrich was a change in the law as contemplated by Murdock II. 1. When appealing a conviction from a ...
This is the syllabus and holding for each of the Kansas appellate court published opinions for January 10, 2020. A link to the case is available by hovering over the case name.
Published cases from December 20, 2019. The counterpart rule and dissipation of BAC regarding exigent circumstances.
KANSAS COURT OF APPEALS MOLINA V. KANSAS DEPT. OF REVENUE, No. 119766, Substantial Compliance with the 20 Min Deprivation Period. Rule: The KDHE Intoxilyzer 9000 testing protocol states: "Keep the subject in your immediate presence and deprive the subject of alcohol for 20 minutes immediately ...
Syllabus and analysis for Kansas criminal cases, 12/6/19.
If you are facing criminal charges, it can be scary. Your attorney likely reviewed the maximum possible prison sentence you could receive. Hearing about the possibility of months or years in prison made you imagine how your life, your job, your family could be forever changed. Then, you hea...
Soon after being charged with a crime, it is important to contact an experienced criminal defense attorney. Many attorneys offer initial consultations. This serves two purposes. First, it gives you and the attorney a quick snapshot of your case so the two of you can determine whether the attor...
In Kansas, you can be convicted of a DUI if the government can prove beyond a reasonable doubt that you operated or attempted to operate a vehicle while your blood alcohol content was at least .08 or if you were too intoxicated to drive due to alcohol and/or drug consumption. A DUI arrest initia...
The holidays are a joyous time of year where we spread peace on earth and good tidings to all. Research shows, ironically, that it is also a season of increased crime. There are a couple of reasons for this. Stress levels are high due to financial obligations and from spending more time extend...
For most people an arrest will be the first, and only, encounter with the Kansas justice system. Whether you made a bad decision or were wrongly accused, there are a few things that can done to reduce the negative impacts of that encounter. STOP TALKING There's a reason they say, “anything you...
Your choice of attorney is one of the most important you will make – and one of the most difficult. You will likely have many options varying from a court-appointed attorney or a myriad of private attorneys. It is a good idea to have a list of questions in mind to narrow down the field. You sh...
DUI is one of the few crimes that can happen to anyone at virtually any time in their life. All it could take is ordering a double at dinner or staying for one more at a gathering. Obviously, the best way to avoid a DUI is not to drink in the first place. But, if you do drink and think you may...
