Kansas Case Commentaries

State v. Robertson: Affirmation of Right to Counsel Invocation and Upholding Kansas Hard 50 Sentencing Scheme

Date: Apr 23, 2005

State v. Robertson: Affirmation of Right to Counsel Invocation and Upholding Kansas Hard 50 Sentencing Scheme Introduction State of Kansas v. Joshua James Robertson, 279 Kan. 291 (2005), represents a...

Prohibition of Third-Party Credibility Opinions and Prosecutorial Misconduct in Closing Arguments: STATE v. ELNICKI

Date: Feb 19, 2005

Prohibition of Third-Party Credibility Opinions and Prosecutorial Misconduct in Closing Arguments: STATE v. ELNICKI Introduction State of Kansas v. Justin D. Elnicki is a landmark case adjudicated by...

Defining Contract Damages and Third-Party Beneficiary Enforcement in Economic Loss Cases: STATE EX REL. STOVALL v. RELIANCE INSURANCE COMPANY

Date: Jan 22, 2005

Defining Contract Damages and Third-Party Beneficiary Enforcement in Economic Loss Cases: STATE EX REL. STOVALL v. RELIANCE INSURANCE COMPANY Introduction In the landmark case of State of Kansas ex...

Voluntariness of Consent and Aggravated Sentencing: Insights from STATE v. HOLMES

Date: Dec 18, 2004

Voluntariness of Consent and Aggravated Sentencing: Insights from State of Kansas v. Melvin W. Holmes Introduction State of Kansas v. Melvin W. Holmes is a pivotal decision by the Supreme Court of...

Kansas Supreme Court Establishes Rigorous Two-Step Framework for Prosecutorial Misconduct

Date: Jun 26, 2004

Kansas Supreme Court Establishes Rigorous Two-Step Framework for Prosecutorial Misconduct Introduction In the landmark case of State of Kansas v. Johnny F. Tosh, II, the Supreme Court of Kansas...

Clarifying Felony Murder Liability: Physical Presence Not Mandatory and Foreseeability as a Legal Mandate

Date: Apr 24, 2004

Clarifying Felony Murder Liability: Physical Presence Not Mandatory and Foreseeability as a Legal Mandate Introduction In the landmark case of State of Kansas v. Noah J. Gleason (277 Kan. 624, 2004),...

State v. Hebert: Establishing New Precedents on Miranda Rights and Custodial Interrogations

Date: Jan 17, 2004

State v. Hebert: Establishing New Precedents on Miranda Rights and Custodial Interrogations Introduction In State v. Jeffery Frank Hebert (277 Kan. 61), the Supreme Court of Kansas upheld Hebert's...

Kansas Supreme Court Enhances Scrutiny of Directors’ Defensive Measures in Corporate Governance

Date: Sep 27, 2003

Kansas Supreme Court Enhances Scrutiny of Directors’ Defensive Measures in Corporate Governance Introduction The case of J. Thomas Burcham et al. v. Unison Bancorp, Inc. et al. adjudicated by the...

Clarifying Miranda Requirements for Voluntary Self-Surrender: State v. Vandervort

Date: Jul 26, 2003

Clarifying Miranda Requirements for Voluntary Self-Surrender: State v. Vandervort Introduction State of Kansas v. Drew S. Vandervort, 276 Kan. 164 (2003), is a pivotal judgment by the Supreme Court...

Application of Jail Time Credit in Sentencing: STATE OF KANSAS v. DENNIS W. HARPER

Date: May 31, 2003

Application of Jail Time Credit in Sentencing: STATE OF KANSAS v. DENNIS W. HARPER Introduction STATE OF KANSAS, Appellee, v. DENNIS W. HARPER, Appellant (275 Kan. 888) is a pivotal case decided by...

State of Kansas v. Davis: Unanimity Requirements in Jury Instructions for Multiple Acts Cases

Date: Jan 25, 2003

State of Kansas v. Davis: Unanimity Requirements in Jury Instructions for Multiple Acts Cases Introduction In the landmark case of State of Kansas v. Quincy B. Davis, decided by the Supreme Court of...

Clear Contract Language Prevails in Insurance Coverage Disputes: Analysis of Liggatt v. Employers Mutual

Date: Jun 1, 2002

Clear Contract Language Prevails in Insurance Coverage Disputes: Analysis of Liggatt v. Employers Mutual Introduction In the landmark case Gale Liggatt v. Employers Mutual Casualty Company, the...

Enforceability of Choice of Law Provisions in Securities Agreements Under Kansas Public Policy

Date: Apr 20, 2002

Enforceability of Choice of Law Provisions in Securities Agreements Under Kansas Public Policy: Insights from Brenner and Klein v. Oppenheimer Co., Inc. Introduction In the landmark case Brenner and...

Inclusion of Juvenile Adjudications in Criminal History Scores: State of Kansas v. Travis T. Hitt

Date: Mar 16, 2002

Inclusion of Juvenile Adjudications in Criminal History Scores: State of Kansas v. Travis T. Hitt Introduction State of Kansas v. Travis T. Hitt, 273 Kan. 224 (2002), is a pivotal case adjudicated by...

Retaliatory Discharge Standards Under Employment-at-Will: Bracken v. Dixon Industries

Date: Jan 26, 2002

Retaliatory Discharge Standards Under Employment-at-Will: Bracken v. Dixon Industries Introduction The case of Ruth A. Bracken v. Dixon Industries, Inc. (272 Kan. 1272) is a pivotal decision by the...

No Death at Equipoise: Kansas Reconstructs Its Capital Weighing Scheme in State v. Kleypas

Date: Dec 29, 2001

No Death at Equipoise: Kansas Reconstructs Its Capital Weighing Scheme in State v. Kleypas Introduction State v. Kleypas, 272 Kan. 894 (2001), is the Kansas Supreme Court’s first comprehensive review...

Kansas Supreme Court Establishes Preponderance of Evidence Standard in Retaliatory Discharge Actions

Date: Dec 8, 2001

Established Preponderance of Evidence Standard in Retaliatory Discharge Cases and Clarified Employer Liability Introduction In the landmark case of Rebarchek v. Farmers Cooperative Elevator and...

State of Kansas v. Ronald Graham: Establishing Standards for Probation Revocation

Date: Sep 15, 2001

State of Kansas v. Ronald Graham: Establishing Standards for Probation Revocation Introduction State of Kansas v. Ronald Graham, 272 Kan. 2 (2001), is a pivotal case adjudicated by the Supreme Court...

Apprendi Mandates Jury Determination for Sentencing Enhancements: Kansas Upward Departure Sentencing Declared Unconstitutional

Date: May 26, 2001

Apprendi Mandates Jury Determination for Sentencing Enhancements: Kansas Upward Departure Sentencing Declared Unconstitutional Introduction The case of State of Kansas v. Crystal D. Gould adjudicated...

Privilege Against Self-Incrimination: Personal Rights Affirmed in State v. Meneley

Date: Apr 28, 2001

Privilege Against Self-Incrimination: Personal Rights Affirmed in State of Kansas ex rel. Carla J. Stovall v. David R. Meneley Introduction In State of Kansas ex rel. Carla J. Stovall v. David R....