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  • Commentaries
  • Judgments

Kansas Case Commentaries

State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas

Date: Dec 14, 2025
State v. Volle: Limiting Principles in Digital Search Warrants, Inmate Mail Privacy, and the Scope of Felony Murder in Kansas I. Introduction In State v. Volle, No. 127,745 (Kan. Dec. 12, 2025), the...

      State v. McCray: Excluding Third-Party Liability Theories from Out-of-State
      Conviction Comparability Under the Kansas Sentencing Guidelines

State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines

Date: Dec 14, 2025
State v. McCray: Excluding Third-Party Liability Theories from Out-of-State Conviction Comparability Under the Kansas Sentencing Guidelines I. Introduction In State v. McCray, No. 125,798 (Kan. Dec....
State v. Macormac: Minimal On‑the‑Record Justification Is Sufficient to Sustain Consecutive Sentences in Kansas

State v. Macormac: Minimal On‑the‑Record Justification Is Sufficient to Sustain Consecutive Sentences in Kansas

Date: Dec 6, 2025
State v. Macormac: Minimal On‑the‑Record Justification Is Sufficient to Sustain Consecutive Sentences in Kansas I. Introduction The Kansas Supreme Court’s decision in State v. Macormac, No. 128,361...
Coupling Bernhardt and Stanley Premeditation Instructions and Refining Sentencing Rules: Commentary on State v. Romey

Coupling Bernhardt and Stanley Premeditation Instructions and Refining Sentencing Rules: Commentary on State v. Romey

Date: Dec 6, 2025
Coupling Bernhardt and Stanley Premeditation Instructions and Refining Sentencing Rules: Commentary on State v. Romey Introduction In State v. Romey, No. 127,299 (Kan. Dec. 5, 2025), the Kansas...
State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas

State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas

Date: Dec 6, 2025
State v. Cunningham: Admissibility of Pornographic Web Bookmarks to Prove Sexual Intent and the Limits of Golden Rule Arguments in Kansas I. Introduction In State v. Cunningham, No. 125,865 (Kan....
Sentencing Does Not Terminate District Court Jurisdiction Over Motions to Arrest Judgment: Commentary on City of Mission v. VanHorn

Sentencing Does Not Terminate District Court Jurisdiction Over Motions to Arrest Judgment: Commentary on City of Mission v. VanHorn

Date: Nov 29, 2025
Sentencing Does Not Terminate District Court Jurisdiction Over Motions to Arrest Judgment: Commentary on City of Mission v. VanHorn I. Introduction The Kansas Supreme Court’s decision in City of...
State v. Johnson: Police Pursuit Without Sirens, the Meaning of “Reckless Driving,” and the Limits of the Specific-vs-General Offense Doctrine in Kansas

State v. Johnson: Police Pursuit Without Sirens, the Meaning of “Reckless Driving,” and the Limits of the Specific-vs-General Offense Doctrine in Kansas

Date: Nov 29, 2025
State v. Johnson: Police Pursuit Without Sirens, the Meaning of “Reckless Driving,” and the Limits of the Specific-vs-General Offense Doctrine in Kansas Introduction In State v. Johnson, No. 126,626...
Postconviction Discovery and the Materiality of Impeachment Evidence: Commentary on State v. Butler (Kan. 2025)

Postconviction Discovery and the Materiality of Impeachment Evidence: Commentary on State v. Butler (Kan. 2025)

Date: Nov 23, 2025
Postconviction Discovery and the Materiality of Impeachment Evidence: A Commentary on State v. Butler, 125,636 (Kan. Nov. 21, 2025) I. Introduction The Kansas Supreme Court’s decision in State v....
In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation

In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation

Date: Nov 16, 2025
In re Wagle: Generic Conflict Waivers Are Insufficient, and Seeking a Waiver Does Not Establish a “Knowing” KRPC 1.7 Violation Introduction This commentary analyzes the Kansas Supreme Court’s...
Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding

Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding

Date: Nov 16, 2025
Domestic‑Violence Misdemeanor Conviction Suffices to Disarm: Kansas Upholds Five‑Year Firearm Ban Without Individual Dangerousness Finding Introduction In State v. McCray (Kan. Nov. 14, 2025), the...
State v. Palmer: The PIK 52.140 Foreseeability Paragraph Is Legal Error in Attempted-Aggravated-Robbery Prosecutions, But Not Clear Error Where the Jury Also Finds Principal Liability and Specific Intent; Fatal Resistance to Armed Home Intrusions Is Foreseeable

State v. Palmer: The PIK 52.140 Foreseeability Paragraph Is Legal Error in Attempted-Aggravated-Robbery Prosecutions, But Not Clear Error Where the Jury Also Finds Principal Liability and Specific Intent; Fatal Resistance to Armed Home Intrusions Is Foreseeable

Date: Oct 25, 2025
State v. Palmer: The PIK 52.140 Foreseeability Paragraph Is Legal Error in Attempted-Aggravated-Robbery Prosecutions, But Not Clear Error Where the Jury Also Finds Principal Liability and Specific...
State v. Yeargin-Charles: “Securely Fastened” Is an Independent Requirement under K.S.A. 8-133(c), and Observations of an Askew, “Flapping” Plate Create Reasonable Suspicion for a Traffic Stop

State v. Yeargin-Charles: “Securely Fastened” Is an Independent Requirement under K.S.A. 8-133(c), and Observations of an Askew, “Flapping” Plate Create Reasonable Suspicion for a Traffic Stop

Date: Oct 18, 2025
State v. Yeargin-Charles: “Securely Fastened” Is an Independent Requirement under K.S.A. 8-133(c), and Observations of an Askew, “Flapping” Plate Create Reasonable Suspicion for a Traffic Stop...
Harding v. Capitol Federal Savings Bank: Ambiguous “Improper Charges” Notice Clauses Do Not Encompass Bank-Imposed Fees and Must Be Construed Against the Drafter

Harding v. Capitol Federal Savings Bank: Ambiguous “Improper Charges” Notice Clauses Do Not Encompass Bank-Imposed Fees and Must Be Construed Against the Drafter

Date: Oct 18, 2025
Harding v. Capitol Federal Savings Bank: Ambiguous “Improper Charges” Notice Clauses Do Not Encompass Bank-Imposed Fees and Must Be Construed Against the Drafter Court: Supreme Court of Kansas Date:...
State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test

State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test

Date: Oct 11, 2025
State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test Introduction In State v. Beck, No. 126,350 (Kan....
Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition: The Kansas Supreme Court’s Harmonization of CMS’s Vaccine Rule and Kansas’ No‑Sincerity‑Inquiry Statute

Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition: The Kansas Supreme Court’s Harmonization of CMS’s Vaccine Rule and Kansas’ No‑Sincerity‑Inquiry Statute

Date: Sep 27, 2025
Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition Commentary on Powerback Rehabilitation, LLC v. Kansas Department of Labor, No. 127,544 (Kan. Sept. 26, 2025)...
KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez)

KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez)

Date: Aug 30, 2025
KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez) Court: Supreme Court of Kansas |...
State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions

State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions

Date: Aug 23, 2025
State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions Introduction In State v. Bobian (Kansas Supreme...
Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson

Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson

Date: Aug 23, 2025
Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson Introduction...
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Date: Aug 9, 2025
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5) Introduction In In re K.W.D. and E.L.D. (Nos....
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Date: Aug 9, 2025
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures...
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