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  • Commentaries
  • Judgments

Kansas Case Commentaries

State v. Ninh: “Overcome by Force or Fear” Is a Single Unified Means; Subjective Fear Suffices; and “Grooming-as-Force” Requires Evidentiary Support

State v. Ninh: “Overcome by Force or Fear” Is a Single Unified Means; Subjective Fear Suffices; and “Grooming-as-Force” Requires Evidentiary Support

Date: Jun 28, 2025
State v. Ninh: “Overcome by Force or Fear” Is a Single Unified Means; Subjective Fear Suffices; and “Grooming-as-Force” Requires Evidentiary Support Introduction In State v. Ninh, No. 122,782 (Kan....
State v. Green: Premeditation’s Time-and-Consideration Test Bars Arbitrary-Enforcement Vagueness Claims; Evidentiary Proof Required for Witness “Unavailability”; No Renewed Faretta Colloquy Absent Changed Circumstances

State v. Green: Premeditation’s Time-and-Consideration Test Bars Arbitrary-Enforcement Vagueness Claims; Evidentiary Proof Required for Witness “Unavailability”; No Renewed Faretta Colloquy Absent Changed Circumstances

Date: Jun 28, 2025
State v. Green: Premeditation’s Time-and-Consideration Test Bars Arbitrary-Enforcement Vagueness Claims; Evidentiary Proof Required for Witness “Unavailability”; No Renewed Faretta Colloquy Absent...
State v. Ford: Tethering “Force” to the Sexual Act and Upholding Kansas’s Rape Statute Against Vagueness

State v. Ford: Tethering “Force” to the Sexual Act and Upholding Kansas’s Rape Statute Against Vagueness

Date: Jun 28, 2025
State v. Ford: Tethering “Force” to the Sexual Act and Upholding Kansas’s Rape Statute Against Vagueness Court: Supreme Court of Kansas Date: June 27, 2025 Docket No.: 124,236 Introduction This...
“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross

“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross

Date: Jun 14, 2025
“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross Introduction In State v. Ross (Kan. June 13, 2025), the...
No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille (Kan. 2025)

No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille (Kan. 2025)

Date: Jun 14, 2025
No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille...
State v. Brown (Kan. 2025): Constitutional Claims Are Not Cognizable Under K.S.A. 22-3504; Postrelease Supervision Cannot Attach to Off-Grid Life Sentences and May Be Vacated on Appeal Without Resentencing

State v. Brown (Kan. 2025): Constitutional Claims Are Not Cognizable Under K.S.A. 22-3504; Postrelease Supervision Cannot Attach to Off-Grid Life Sentences and May Be Vacated on Appeal Without Resentencing

Date: Jun 7, 2025
State v. Brown (Kan. 2025): Constitutional Claims Are Not Cognizable Under K.S.A. 22-3504; Postrelease Supervision Cannot Attach to Off-Grid Life Sentences and May Be Vacated on Appeal Without...
State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive

State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive

Date: May 31, 2025
State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive Introduction In State v. Wilson, No. 125,283...
Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512

Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512

Date: May 24, 2025
Kansas Supreme Court Clarifies Pleading and Proof Burdens for Postconviction DNA Testing: Petitioner Must Allege and, If Disputed, Prove Existence of Biological Material Under K.S.A. 21-2512 Case:...
State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context

State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context

Date: May 24, 2025
State v. Boatwright: When Accomplice Instructions Are Unnecessary and Prosecutorial Remarks Must Be Read in Context Introduction In State v. Boatwright, No. 125,851 (Kan. May 23, 2025), the Supreme...
No Late-Stage Probation and No “Pattern” from Decades-Old Discipline: Kansas Supreme Court Clarifies Rule 227 and Aggravation Analysis in In re Daniels

No Late-Stage Probation and No “Pattern” from Decades-Old Discipline: Kansas Supreme Court Clarifies Rule 227 and Aggravation Analysis in In re Daniels

Date: May 17, 2025
No Late-Stage Probation and No “Pattern” from Decades-Old Discipline: Kansas Supreme Court Clarifies Rule 227 and Aggravation Analysis in In re Daniels Introduction In In re Daniels, No. 127,949...
State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence

State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence

Date: May 10, 2025
State v. Humphrey: No Objection Needed—K.S.A. 60-404 Does Not Bar Appellate Sufficiency Challenges to Restitution; State Must Prove Amount with Substantial Competent Evidence Court: Supreme Court of...
State v. Young: Kansas Supreme Court clarifies “prior criminal activity” vs. Sentencing Guidelines “criminal history” and reaffirms the extraordinary showing required to mitigate a hard 50 to a hard 25

State v. Young: Kansas Supreme Court clarifies “prior criminal activity” vs. Sentencing Guidelines “criminal history” and reaffirms the extraordinary showing required to mitigate a hard 50 to a hard 25

Date: May 10, 2025
State v. Young: Clarifying “Prior Criminal Activity” and Reaffirming the High Bar for Hard‑50 Mitigation Introduction In State v. Young (Kan. May 9, 2025), the Kansas Supreme Court affirmed...
Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits

Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits

Date: Apr 26, 2025
Volitional Act Means Voluntary Trigger Pull, Not Intent to Fire: Kansas Supreme Court Adopts Two‑Part Test for PLCAA Immunity in Product‑Liability Suits Introduction In Johnson v. Bass Pro Outdoor...
Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error

Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error

Date: Apr 19, 2025
Meek’s Statutory Approach: All Property Becomes Marital at Commencement of Divorce; No Post‑Judgment Motion Needed to Preserve Legal Error Introduction In In re Marriage of Meek (No. 124,904, Kansas...
When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error

When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error

Date: Apr 12, 2025
When “Transient” Status Is Disputed, Kansas Courts Must Instruct on KORA’s Statutory Definitions—Failure Is Clear Error Introduction In State v. Ballard, the Kansas Supreme Court clarified a critical...
State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit Ends

State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit Ends

Date: Apr 12, 2025
State v. Ervin: Kansas Supreme Court Mandates Full Jail-Time Credit in Each Case under K.S.A. 21-6615(a)—Even with Consecutive Sentences—and Clarifies Felony-Murder Causation After Police Pursuit...
Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion

Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion

Date: Mar 11, 2025
Affirming Permissible Jury Deliberation: Clarifying the Role of Judicial Statements in Promoting Juror Discussion Introduction In the recent case of State of Kansas, Appellee, v. Ricky L. Hollins,...
Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification

Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification

Date: Mar 11, 2025
Nunc Pro Tunc Correction: A Precedent for Streamlined Sentencing Error Rectification Introduction In the case of State of Kansas, Appellee, v. Ronald Johnson, Appellant, the Kansas Supreme Court...
Upholding Procedural Consistency in Zoning Amendments: The Continued Applicability of K.S.A. 12-757(d) Amidst Protest Petitions

Upholding Procedural Consistency in Zoning Amendments: The Continued Applicability of K.S.A. 12-757(d) Amidst Protest Petitions

Date: Mar 11, 2025
Upholding Procedural Consistency in Zoning Amendments: The Continued Applicability of K.S.A. 12-757(d) Amidst Protest Petitions Introduction The recent Supreme Court of Kansas decision in Austin...
Affirmation of Stare Decisis in Hard Sentencing Modifications: Inapplicability of Retroactive Alleyne Triggers

Affirmation of Stare Decisis in Hard Sentencing Modifications: Inapplicability of Retroactive Alleyne Triggers

Date: Mar 11, 2025
Affirmation of Stare Decisis in Hard Sentencing Modifications: Inapplicability of Retroactive Alleyne Triggers Introduction The case of State of Kansas, Appellee, v. Ronald Johnson, Appellant centers...
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