Kansas Case Commentaries

Lifetime Postrelease Supervision for First-Time Sexual Offenders Not a Cruel and Unusual Punishment: Comprehensive Analysis of State v. Williams

Date: Mar 8, 2014

Lifetime Postrelease Supervision for First-Time Sexual Offenders Not a Cruel and Unusual Punishment: Comprehensive Analysis of State of Kansas v. Williams Introduction State of Kansas v. Steven...

Premeditation and Prosecutorial Conduct: Insights from STATE v. Todd D. Schumacher

Date: Mar 8, 2014

Premeditation and Prosecutorial Conduct: Insights from STATE v. Todd D. Schumacher Introduction STATE of Kansas v. Todd D. Schumacher, 322 P.3d 1016 (2014), adjudicated by the Supreme Court of...

Kansas Supreme Court Declares School Finance Statutes K.S.A.72–6434 and K.S.A.72–8814 Unconstitutional Under Article 6's Equity Mandate

Date: Mar 8, 2014

Kansas Supreme Court Declares School Finance Statutes K.S.A.72–6434 and K.S.A.72–8814 Unconstitutional Under Article 6's Equity Mandate Introduction In the landmark case of Luke GANNON, by his next...

Kansas Supreme Court Establishes Procedural Standards for Restitution in Criminal Sentencing

Date: Mar 1, 2014

Kansas Supreme Court Establishes Procedural Standards for Restitution in Criminal Sentencing Introduction In the landmark case of State of Kansas v. Anthony Earl Hall, decided on February 28, 2014,...

Kansas Supreme Court Clarifies Standards for Withdrawing Guilty Pleas Post-Sentencing Under K.S.A. 22–3210(d)

Date: Feb 22, 2014

Kansas Supreme Court Clarifies Standards for Withdrawing Guilty Pleas Post-Sentencing Under K.S.A. 22–3210(d) Introduction In the landmark case of State of Kansas v. Terrance J. Kelly, the Supreme...

Kansas Supreme Court Establishes Enhanced Standards for Effective Assistance of Counsel in Jury Instruction Errors

Date: Feb 15, 2014

Kansas Supreme Court Establishes Enhanced Standards for Effective Assistance of Counsel in Jury Instruction Errors Introduction The case of Martin Miller v. State of Kansas (318 P.3d 155) presents a...

Kansas Supreme Court Affirms Abrogation of Vicarious and Independent Liability for Covered Health Care Providers under K.S.A. 40–3403(h)

Date: Jan 25, 2014

Kansas Supreme Court Affirms Abrogation of Vicarious and Independent Liability for Covered Health Care Providers under K.S.A. 40–3403(h) Introduction In the landmark case of Angela Cady v. John...

Interpreting Statutory Time Limits for Motions for New Trial: Kansas Supreme Court Clarifies Mandatory Deadline

Date: Dec 7, 2013

Interpreting Statutory Time Limits for Motions for New Trial: Kansas Supreme Court Clarifies Mandatory Deadline Introduction STATE of Kansas v. Stanton Holt, 313 P.3d 826 (Kansas Supreme Court,...

Res Judicata Reinforced in STATE v. ROBERTSON: Implications for Illegal Sentencing Corrections

Date: Nov 9, 2013

Res Judicata Reinforced in STATE v. ROBERTSON: Implications for Illegal Sentencing Corrections Introduction State of Kansas v. Joshua Robertson, 312 P.3d 361 (Kan. 2013), is a pivotal case in Kansas...

Admissibility and Fair Trial Standards in Capital Murder: Insights from State v. Lowrance

Date: Nov 9, 2013

Admissibility and Fair Trial Standards in Capital Murder: Insights from State v. Lowrance Introduction State of Kansas v. Christopher M. Lowrance is a pivotal case adjudicated by the Supreme Court of...

Sierra Club v. Moser: Affirmation of Associational Standing and Enforcement of New EPA Emission Standards in PSD Permits

Date: Oct 5, 2013

Sierra Club v. Moser: Affirmation of Associational Standing and Enforcement of New EPA Emission Standards in PSD Permits Introduction In the landmark case Sierra Club, Appellant, v. Robert Moser, the...

Expanded Associational Standing in Historic Preservation: Friends of Bethany Place, Inc. v. City of Topeka

Date: Aug 24, 2013

Expanded Associational Standing in Historic Preservation: Friends of Bethany Place, Inc. v. City of Topeka Introduction The landmark case Friends of Bethany Place, Inc. v. City of Topeka adjudicated...

Kansas Supreme Court: Single Communicated Threat as Unit of Prosecution in Criminal Threat Statute

Date: Aug 10, 2013

Single Communicated Threat as the Unit of Prosecution: Kansas Supreme Court's Landmark Ruling in State v. King Introduction In the pivotal case of State of Kansas v. Kameron King, the Supreme Court...

State v. Friday: Refined Standards for Prosecutorial Misconduct and Aiding and Abetting Liability

Date: Aug 10, 2013

State v. Friday: Refined Standards for Prosecutorial Misconduct and Aiding and Abetting Liability Introduction State v. Friday is a landmark decision by the Supreme Court of Kansas that delves into...

Kansas Supreme Court Clarifies the Scope of the Economic Loss Doctrine in Negligent Misrepresentation Cases

Date: Jul 27, 2013

Kansas Supreme Court Clarifies the Scope of the Economic Loss Doctrine in Negligent Misrepresentation Cases Introduction In the landmark decision of Kenneth Rinehart and Beverly Rinehart v. Morton...

Standing as a Component of Subject Matter Jurisdiction: Insights from TERNES v. GALICHIA

Date: Jul 27, 2013

Standing as a Component of Subject Matter Jurisdiction: Insights from TERNES v. GALICHIA Introduction The case of Herman M. Ternes v. Joseph P. Galichia, M.D., et al. (297 Kan. 918) adjudicated by...

Clarification on Admissibility of Sexual Orientation Evidence and Sentencing Standards in Kansas: STATE vs. Dean J. BOLEYN, Jr.

Date: Jun 15, 2013

Clarification on Admissibility of Sexual Orientation Evidence and Sentencing Standards in Kansas: STATE vs. Dean J. BOLEYN, Jr. Introduction In the landmark case of STATE of Kansas v. Dean J. BOLEYN,...

Procedural Requirements for Appellate Attorney Fees under K.S.A. 40-908: Insights from Snider v. American Family Mutual Insurance Co.

Date: Apr 20, 2013

Procedural Requirements for Appellate Attorney Fees under K.S.A. 40-908: Insights from Snider v. American Family Mutual Insurance Co. Introduction The Supreme Court of Kansas, in the case of Eugene...

Kansas Supreme Court Limits Buyer Acknowledgment Protections in Real Estate Transactions

Date: Apr 13, 2013

Kansas Supreme Court Limits Buyer Acknowledgment Protections in Real Estate Transactions Introduction In the landmark case of STECHSCHULTE v. JENNINGS, decided by the Supreme Court of Kansas on April...

Kansas v. Herbel: Affirming Defendant's Right to Presence at Critical Trial Stages and Strict Preservation of Appellate Issues

Date: Apr 6, 2013

Kansas v. Herbel: Affirming Defendant's Right to Presence at Critical Trial Stages and Strict Preservation of Appellate Issues Introduction In the landmark case of STATE of Kansas v. Randy Herbel,...