Kansas Case Commentaries

State v. Haynes: A Defendant’s Direct-Motion Right to Obtain Warrant Affidavits—But Not Warrants—Under K.S.A. 22-2302(b) and 22-2502(d)

Date: Jul 4, 2025

State v. Haynes: A Defendant’s Direct-Motion Right to Obtain Warrant Affidavits—But Not Warrants—Under K.S.A. 22-2302(b) and 22-2502(d) Introduction In State v. Haynes (Kan. July 3, 2025), the Kansas...

Kansas adopts a rebuttable “presumed prejudice” standard under Section 5 for jury-instruction omissions of an element

Date: Jul 4, 2025

Kansas adopts a rebuttable “presumed prejudice” standard under Section 5 for jury-instruction omissions of an element Introduction In State v. Gleason, No. 125,156 (Kan. July 3, 2025), the Supreme...

State v. Mitchell: Kansas Supreme Court Confirms Broad Discretion to Deny Hard-25 Departure and to Impose Consecutive Hard-50 Sentences for Multiple Victims

Date: Jul 4, 2025

State v. Mitchell: Kansas Supreme Court Confirms Broad Discretion to Deny Hard-25 Departure and to Impose Consecutive Hard-50 Sentences for Multiple Victims Introduction In State v. Mitchell, No....

Arbitrary-Enforcement Vagueness Challenges Are Inherently Facial and Defendants Have Standing: State v. Stubbs Recasts Kansas Standing Doctrine

Date: Jun 28, 2025

Arbitrary-Enforcement Vagueness Challenges Are Inherently Facial and Defendants Have Standing: State v. Stubbs Recasts Kansas Standing Doctrine Introduction In State v. Stubbs, No. 125,003 (Kan. June...

No Prudential Exceptions: Mootness Is a Jurisdictional Bar in Kansas — Commentary on State v. Phipps (Kan. 2025)

Date: Jun 28, 2025

No Prudential Exceptions: Mootness Is a Jurisdictional Bar in Kansas — State v. Phipps (Kan. 2025) Introduction In State v. Phipps, the Kansas Supreme Court announced a sweeping recalibration of the...

Open Area Means Open to the Public: Kansas Supreme Court Affirms Recreational-Use Immunity for Indoor Libraries and Integral Areas, and Bars New Issues in Post‑Grant Supplemental Briefs

Date: Jun 28, 2025

Open Area Means Open to the Public: Kansas Supreme Court Affirms Recreational-Use Immunity for Indoor Libraries and Integral Areas, and Bars New Issues in Post‑Grant Supplemental Briefs Introduction...

State v. Wash: Strict Limits on Prosecutorial Argument—Violations of Orders in Limine and “We Know” Statements Are Error; Timely Objection Required for Evidentiary-Based Missteps

Date: Jun 28, 2025

State v. Wash: Strict Limits on Prosecutorial Argument—Violations of Orders in Limine and “We Know” Statements Are Error; Timely Objection Required for Evidentiary-Based Missteps Introduction In...

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

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

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

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)

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

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

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

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

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

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

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

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

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...

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