Kansas Case Commentaries

Presumptive Sentence Appeal Restrictions Affirmed in State v. Huerta

Date: Mar 19, 2011

Presumptive Sentence Appeal Restrictions Affirmed in State of Kansas v. Huerta Introduction State of Kansas v. Eric F. Huerta, 291 Kan. 831 (2011), is a significant Supreme Court of Kansas decision...

Kansas Supreme Court Establishes New Precedent on Departures from Jessica's Law in Spencer Case

Date: Mar 19, 2011

Kansas Supreme Court Establishes New Precedent on Departures from Jessica's Law in Spencer Case Introduction The case of State of Kansas v. Harold Dean Spencer (291 Kan. 796) represents a significant...

Abuse of Discretion Standard in Withdrawal of Plea Before Sentencing: Insights from State of Kansas v. Rashawn T. Anderson

Date: Mar 19, 2011

Abuse of Discretion Standard in Withdrawal of Plea Before Sentencing: Insights from State of Kansas v. Rashawn T. Anderson Introduction State of Kansas v. Rashawn T. Anderson (291 Kan. 849) is a...

Kansas Supreme Court Limits Waiver of Reliance on Seller's Disclosures in Real Estate Transactions

Date: Mar 12, 2011

Kansas Supreme Court Limits Waiver of Reliance on Seller's Disclosures in Real Estate Transactions Introduction In Jason L. Osterhaus v. Jean Betty Toth, et al., the Kansas Supreme Court addressed...

State v. McCaslin: Upholding Evidentiary and Sentencing Standards amid Prosecutorial Misconduct

Date: Jan 22, 2011

State v. McCaslin: Upholding Evidentiary and Sentencing Standards amid Prosecutorial Misconduct Introduction The case of State of Kansas v. Billy J. McCaslin, 245 P.3d 1030, adjudicated by the...

Restitution Based on Defendants' Financial Capacity and Application of Rule of Lenity in Sentencing

Date: Dec 11, 2010

Restitution Based on Defendants' Financial Capacity and Application of Rule of Lenity in Sentencing Introduction The case of STATE OF KANSAS, Appellee, v. JESUS BERRIOZABAL, Appellant. (243 P.3d 352)...

Kansas Supreme Court Affirms Mandamus as Remedy for Nonparty Discovery Privilege Disputes

Date: Dec 11, 2010

Kansas Supreme Court Affirms Mandamus as Remedy for Nonparty Discovery Privilege Disputes Introduction The case of Dr. Massood Jallali v. State of Florida, Department of Health and Rehabilitative...

Good-Faith Exception Recognized in Kansas for Statute-Reliant Warrantless Searches: State v. Daniel

Date: Nov 20, 2010

Good-Faith Exception Recognized in Kansas for Statute-Reliant Warrantless Searches: State v. Daniel Introduction The case of State of Kansas v. Candy S. Daniel, decided by the Supreme Court of Kansas...

Kansas Supreme Court Reinforces Duty to Instruct on Lesser Included Offenses and Establishes Preponderance Standard for Aggravating Factors in Sentencing

Date: Nov 20, 2010

Kansas Supreme Court Reinforces Duty to Instruct on Lesser Included Offenses and Establishes Preponderance Standard for Aggravating Factors in Sentencing Introduction The case of State of Kansas v....

Constraint Incidental to Release on Bail Excludes Custody: Analysis of STATE v. URBAN

Date: Sep 25, 2010

Constraint Incidental to Release on Bail Excludes Custody: Analysis of STATE v. URBAN Introduction State of Kansas v. Kristi Marie Urban (291 Kan. 214) is a landmark decision by the Supreme Court of...

Clarifying Permanent Partial Disability Calculations and Benefit Caps: The Redd Decision

Date: Sep 11, 2010

Clarifying Permanent Partial Disability Calculations and Benefit Caps: The Redd Decision Introduction The case of William Alvin Redd v. Kansas Truck Center and Universal Underwriters Insurance...

Involuntary Statements and Coercive Interrogation: The Precedent Set by STATE OF KANSAS v. Joshua L. Stone

Date: Aug 21, 2010

Involuntary Statements and Coercive Interrogation: The Precedent Set by STATE OF KANSAS v. Joshua L. Stone Introduction The case of STATE OF KANSAS v. Joshua L. Stone (291 Kan. 13) adjudicated by the...

Preservation of Constitutional Claims on Appeal: State of Kansas v. Alejandro Gomez

Date: Jul 10, 2010

Preservation of Constitutional Claims on Appeal: State of Kansas v. Alejandro Gomez 1. Introduction State of Kansas v. Alejandro Gomez, 235 P.3d 1203 (Kansas Supreme Court, 2010), addresses critical...

Kansas Supreme Court Upholds DUI Conviction: Frye Standard and Field Sobriety Test Statistics Reaffirmed

Date: Jul 10, 2010

Kansas Supreme Court Upholds DUI Conviction: Frye Standard and Field Sobriety Test Statistics Reaffirmed Introduction In State of Kansas v. Richard Shadden (235 P.3d 436, 2010), the Supreme Court of...

Kansas Supreme Court Establishes Rigorous Standards for Subpoenaing Defense Counsel

Date: Jun 19, 2010

Kansas Supreme Court Establishes Rigorous Standards for Subpoenaing Defense Counsel Introduction In the landmark case State of Kansas v. Valerie Gonzalez and Sarah Sweet-McKinnon (234 P.3d 1, 2010),...

Jury Unanimity in Multiple Acts Cases and Competency Standards: An In-depth Commentary on State v. Foster

Date: Jun 12, 2010

Jury Unanimity in Multiple Acts Cases and Competency Standards: An In-depth Commentary on State v. Foster Introduction State of Kansas v. Rory Foster is a pivotal case adjudicated by the Supreme...

Kansas Supreme Court Limits Administrative Discretion in Awarding Attorney Fees

Date: Jun 5, 2010

Kansas Supreme Court Limits Administrative Discretion in Awarding Attorney Fees Introduction The case of Kansas Department of Revenue v. Jill Powell, 232 P.3d 856 (Kansas Supreme Court, 2010),...

Withdrawal of Guilty Plea: Kansas Supreme Court Sets Precedent on Good Cause Standard in Cases of Counsel Conflict of Interest

Date: May 22, 2010

Withdrawal of Guilty Plea: Kansas Supreme Court Sets Precedent on Good Cause Standard in Cases of Counsel Conflict of Interest Introduction The case of State of Kansas v. Shannon R. Aguilar (231 P.3d...

Strict Preservation of Confrontation Clause Objections: STATE v. DUKES

Date: May 7, 2010

Strict Preservation of Confrontation Clause Objections: State of Kansas v. Scott A. Dukes Introduction In State of Kansas v. Scott A. Dukes, the Supreme Court of Kansas affirmed the convictions of...

Intervening Cause and Comparative Fault in Medical Malpractice: Kansas Supreme Court Affirms Court of Appeals in Puckett v. Indiana

Date: Apr 23, 2010

Intervening Cause and Comparative Fault in Medical Malpractice: Kansas Supreme Court Affirms Court of Appeals in Puckett v. Indiana Introduction In Puckett v. Indiana, the Kansas Supreme Court...