Kansas Case Commentaries

Kansas Supreme Court Establishes Applicability of Saving Statute in Eminent Domain Appeals

Date: May 9, 2015

Kansas Supreme Court Establishes Applicability of Saving Statute in Eminent Domain Appeals Introduction In the landmark case of David H. Neighbor v. Westar Energy, Inc., decided on May 8, 2015, the...

Clarifying Statutory Interpretation of Jessica’s Law: Kansas v. Jolly Establishes Limits on Consideration of Aggravating Factors in Departure Sentencing

Date: Feb 21, 2015

Clarifying Statutory Interpretation of Jessica’s Law: Kansas v. Jolly Establishes Limits on Consideration of Aggravating Factors in Departure Sentencing Introduction In STATE of Kansas v. William...

State v. Smith-Parker: Kansas Supreme Court Advances Standards for Aiding and Abetting, Charge Consolidation, and Jury Instruction

Date: Dec 25, 2014

State v. Smith-Parker: Kansas Supreme Court Advances Standards for Aiding and Abetting, Charge Consolidation, and Jury Instruction Introduction In State of Kansas v. Willie Jerome Smith-Parker, the...

Res Judicata and Ineffective Assistance of Counsel in Probation Revocation: STATE v. GROSSMAN

Date: Nov 22, 2014

Res Judicata and Ineffective Assistance of Counsel in Probation Revocation: STATE v. GROSSMAN Introduction In STATE v. GROSSMAN (300 Kan. 1058), the Supreme Court of Kansas addressed critical issues...

Termination of Parental Rights in the Interest of Children: A Comprehensive Legal Analysis

Date: Oct 25, 2014

Termination of Parental Rights in the Interest of Children: A Comprehensive Legal Analysis Introduction The case of In the Interest of R.S., P.S., and A.S. adjudicated by the Court of Appeals of...

Sola-Morales v. State of Kansas: Mandating Evidentiary Hearings in Ineffective Assistance of Counsel Claims

Date: Oct 25, 2014

Sola-Morales v. State of Kansas: Mandating Evidentiary Hearings in Ineffective Assistance of Counsel Claims Introduction In Sola-Morales v. State of Kansas, the Supreme Court of Kansas addressed...

Prospective Application of Limited Look-Back Period in DUI Sentencing: State of Kansas v. Christian Reese

Date: Aug 30, 2014

Prospective Application of Limited Look-Back Period in DUI Sentencing: State of Kansas v. Christian Reese Introduction State of Kansas v. Christian Reese is a pivotal case decided by the Supreme...

Affirmation of Mandatory Hard 20 Life Sentences for Juvenile Felony Murder Convictions Under the Eighth Amendment

Date: Aug 16, 2014

Affirmation of Mandatory Hard 20 Life Sentences for Juvenile Felony Murder Convictions Under the Eighth Amendment Introduction In the landmark case of STATE of Kansas v. Keaira Brown, the Supreme...

Expansion of Appellate Jurisdiction over Departure Sentences in Kansas

Date: Jun 21, 2014

Expansion of Appellate Jurisdiction over Departure Sentences in Kansas Introduction In the landmark case of State of Kansas v. Tyrone Lee Looney, the Supreme Court of Kansas addressed significant...

Defendant’s Election to Proceed After Witness Impeachment: Invited Error Doctrine Affirmed

Date: Jun 7, 2014

Defendant’s Election to Proceed After Witness Impeachment: Invited Error Doctrine Affirmed Introduction In the landmark case of State of Kansas v. Dominic Verser (326 P.3d 1046, 2014), the Supreme...

Clarifying 'Manifest Injustice' Under K.S.A. 60-1507(f): The Totality of the Circumstances Approach

Date: May 31, 2014

Clarifying 'Manifest Injustice' Under K.S.A. 60-1507(f): The Totality of the Circumstances Approach Introduction Damon VONTRESS v. STATE of Kansas is a pivotal case adjudicated by the Supreme Court...

Double Jeopardy Protections and Mistrial Procedures: Insights from STATE of Kansas v. Kel

Date: May 24, 2014

Double Jeopardy Protections and Mistrial Procedures: Insights from STATE of Kansas v. Kel Introduction STATE of Kansas v. Kelvin Phillips, Jr. is a pivotal case adjudicated by the Supreme Court of...

Kansas Supreme Court Clarifies Mistrial Procedures and Reaffirms Double Jeopardy Protections in Phillips v. State

Date: May 24, 2014

Kansas Supreme Court Clarifies Mistrial Procedures and Reaffirms Double Jeopardy Protections in Phillips v. State Introduction In the landmark case State of Kansas v. Kelvin Phillips, Jr., decided on...

Conflicts of Interest and Effective Counsel: Insights from STATE of Kansas v. Terry L. Bowen

Date: May 10, 2014

Conflicts of Interest and Effective Counsel: Insights from STATE of Kansas v. Terry L. Bowen Introduction In the landmark case of STATE of Kansas v. Terry L. Bowen, 323 P.3d 853 (Kan. 2014), the...

Classification of Pre-1993 Out-of-State Convictions as Nonperson Offenses: State v. Murdock

Date: May 3, 2014

Classification of Pre-1993 Out-of-State Convictions as Nonperson Offenses: State v. Murdock Introduction State of Kansas, Appellee, v. Jimmy Murdock, Appellant (323 P.3d 846) is a landmark decision...

Reining in the Emergency Aid Exception: Kansas Supreme Court Limits Warrantless Entries

Date: Apr 26, 2014

Reining in the Emergency Aid Exception: Kansas Supreme Court Limits Warrantless Entries Introduction In State of Kansas v. Justin W. Neighbors, 328 P.3d 1081 (Kan. 2014), the Supreme Court of Kansas...

Kansas Supreme Court Sets Precedent on Jury Instructions and Sentencing Under Alleyne in STATE v. Hilt

Date: Apr 19, 2014

Kansas Supreme Court Sets Precedent on Jury Instructions and Sentencing Under Alleyne in STATE v. Hilt Introduction In the landmark case of STATE of Kansas v. Dustin B. Hilt (322 P.3d 367), decided...

Clarifying Standards for Withdrawing a Nolo Contendere Plea: Insights from STATE v. Frederick W. FRITZ IV

Date: Apr 12, 2014

Clarifying Standards for Withdrawing a Nolo Contendere Plea: Insights from STATE v. Frederick W. FRITZ IV Introduction The case of STATE of Kansas v. Frederick W. FRITZ IV (321 P.3d 763), adjudicated...

Kansas Supreme Court Clarifies Aiding and Abetting Liability in First-Degree Murder

Date: Apr 12, 2014

Kansas Supreme Court Clarifies Aiding and Abetting Liability in First-Degree Murder Introduction In the landmark case of State of Kansas v. Alejandro E. Betancourt, Jr. (322 P.3d 364, 2014), the...

Comprehensive Commentary on STATE of Kansas v. Rasmus R. Eddy

Date: Mar 22, 2014

STATE of Kansas v. Rasmus R. Eddy: Clarifying the Scope of Rape Definitions and Psychological Evaluations in Sex Crime Cases Introduction STATE of Kansas v. Rasmus R. Eddy is a pivotal decision by...