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  • Commentaries
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Kansas Case Commentaries

State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test

State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test

Date: Oct 11, 2025
State v. Beck (Kan. 2025): No State-Name Requirement on License Plates; Totality-of-the-Circumstances Standard Replaces “Safe Following Distance” Test Introduction In State v. Beck, No. 126,350 (Kan....
Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition: The Kansas Supreme Court’s Harmonization of CMS’s Vaccine Rule and Kansas’ No‑Sincerity‑Inquiry Statute

Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition: The Kansas Supreme Court’s Harmonization of CMS’s Vaccine Rule and Kansas’ No‑Sincerity‑Inquiry Statute

Date: Sep 27, 2025
Regulatory Preambles Do Not Preempt; Federal Permission Does Not Bar State Prohibition Commentary on Powerback Rehabilitation, LLC v. Kansas Department of Labor, No. 127,544 (Kan. Sept. 26, 2025)...
KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez)

KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez)

Date: Aug 30, 2025
KRPC 3.5(d) Limited to Adjudicative Settings: Kansas High Court Shields Extrajudicial Attorney Criticism from “Degrading to a Tribunal” Discipline (In re Valdez) Court: Supreme Court of Kansas |...
State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions

State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions

Date: Aug 23, 2025
State v. Bobian: Kansas draws a bright line on “we know” prosecutorial rhetoric and reaffirms the low threshold for voluntary intoxication instructions Introduction In State v. Bobian (Kansas Supreme...
Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson

Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson

Date: Aug 23, 2025
Context Controls the Sentence: Oral Pronouncements Are Read in Light of the Entire Hearing; Clarification of Domestic Violence Designation, Fees, and DNA Assessment in State v. Peterson Introduction...
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Date: Aug 9, 2025
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5) Introduction In In re K.W.D. and E.L.D. (Nos....
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Date: Aug 9, 2025
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures...
Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Date: Aug 9, 2025
Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction Introduction In Tharrett v. Everett, the Kansas Supreme Court...
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Date: Aug 9, 2025
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell Introduction In re McDowell is a Kansas Supreme Court attorney discipline decision arising from a...
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

Date: Aug 9, 2025
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c) Introduction In State v. Holt, the Kansas Supreme Court clarifies an important threshold rule...
State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts

State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts

Date: Aug 2, 2025
State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts Introduction In State v. Hogan, No. 126,442 (Kan. Aug. 1, 2025), the...
State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter Instructions Reaffirmed

State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter Instructions Reaffirmed

Date: Aug 2, 2025
State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter...
THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown (Kan. 2025)

THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown (Kan. 2025)

Date: Aug 2, 2025
THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown...
One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas (In re D.J., 2025)

One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas (In re D.J., 2025)

Date: Aug 2, 2025
One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas Commentary on In re D.J., No. 127,414 (Kan. Aug. 1, 2025) Introduction In re D.J. is a significant...
State v. McNeal: Kansas Clarifies Paths to Prove Fair-Cross-Section Claims, Rejects Race‑Switching Implicit‑Bias Instructions, and Reaffirms the Low Threshold for Miranda Waivers

State v. McNeal: Kansas Clarifies Paths to Prove Fair-Cross-Section Claims, Rejects Race‑Switching Implicit‑Bias Instructions, and Reaffirms the Low Threshold for Miranda Waivers

Date: Jul 26, 2025
State v. McNeal: Kansas Clarifies Paths to Prove Fair-Cross-Section Claims, Rejects Race‑Switching Implicit‑Bias Instructions, and Reaffirms the Low Threshold for Miranda Waivers Introduction In...
Mandatory Romeo-and-Juliet Screening and Narrow “Sexually Explicit Conduct” Definition for Under‑19 Sexting Cases: State v. Grant (Kan. 2025)

Mandatory Romeo-and-Juliet Screening and Narrow “Sexually Explicit Conduct” Definition for Under‑19 Sexting Cases: State v. Grant (Kan. 2025)

Date: Jul 26, 2025
Mandatory Romeo-and-Juliet Screening and Narrow “Sexually Explicit Conduct” Definition for Under‑19 Sexting Cases: State v. Grant (Kan. 2025) Introduction In State v. Grant, the Supreme Court of...
Reply Briefs Cannot Salvage Unpreserved Issues: Kansas Supreme Court Requires Rule 6.02(a)(5) Exceptions in the Opening Brief (Schutt v. Foster)

Reply Briefs Cannot Salvage Unpreserved Issues: Kansas Supreme Court Requires Rule 6.02(a)(5) Exceptions in the Opening Brief (Schutt v. Foster)

Date: Jul 26, 2025
Reply Briefs Cannot Salvage Unpreserved Issues: Kansas Supreme Court Requires Rule 6.02(a)(5) Exceptions in the Opening Brief Case: Schutt v. Foster, No. 126,555 (Kan. July 25, 2025) Court: Supreme...
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

Date: Jul 19, 2025
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone Introduction In In re A.K., No. 127,259 (Kan. July 18, 2025),...
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

Date: Jul 19, 2025
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits Court: Supreme Court of Kansas Date: July 18,...
Lockdown, Then Consent: Kansas High Court Upholds Premises Security Pending Warrant and Validates Nonverbal Consent to Home Entry

Lockdown, Then Consent: Kansas High Court Upholds Premises Security Pending Warrant and Validates Nonverbal Consent to Home Entry

Date: Jul 4, 2025
Lockdown, Then Consent: Kansas High Court Upholds Premises Security Pending Warrant and Validates Nonverbal Consent to Home Entry Case: State v. Arredondo (No. 126,819) — Supreme Court of Kansas —...
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