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Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions
by Dale Chappell
A defendant who “unequivocally” invoked his right to self-representation at trial and was denied that right when the judge ignored his requests got a new trial when the Supreme Court of Kansas held that it constituted a “structural error.”
Josiah Bunyard was “very active” …
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More from this issue:
- Courts Have Made Social Media a Landmine for Defendants. Could It Change Soon?, by Steve Horn
- $600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison
- Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’, by Derek Gilna
- Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant, by Richard Resch
- Mississippi Supreme Court Clarifies that Appellate Courts Never Serve as ‘13th Juror’ for Motion for New Trial, by David Reutter
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- #Policetoo: 35 States Allow ‘Consensual’ Sex Between Police and Detainees, by Christopher Zoukis
- Texas Court of Criminal Appeals Announces ‘Finality’ Under Sentence Enhancement Provision for Out-of-State Convictions Governed by Texas Law, by Dale Chappell
- Durham, North Carolina, Opts Out of Military-Style Training for Police, by Christopher Zoukis
- Seventh Circuit Affirms Suppression of Evidence Because Traffic Stop Unreasonably Prolonged, by Christopher Zoukis
- Montana Supreme Court Holds Failure to Instruct Jury on State’s Burden of Proof is Plain Error, by Dale Chappell
- Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense, by David Reutter
- Eleventh Circuit Holds Florida Drug Trafficking Statute Indivisible and Overbroad for Removal Under Immigration and Nationality Act, by Dale Chappell
- Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You, by Christopher Zoukis
- Washington Supreme Court: Nexus Between Property Searched and Probation Violation Required for Warrantless Search of Probationer’s Property, by Dale Chappell
- Missouri High Court Holds Checkbox-Style Search Warrant Constitutes an Unconstitutional General Warrant, by Dale Chappell
- $1 Million Paid by NYC to Settle False Arrest Claim
- Government Eyes Are Watching You: We Are All Prisoners of the Surveillance State, by John W. Whitehead
- Kansas Supreme Court: Judge’s ‘Thwarting’ of Defendant’s Right to Self-Representation was Structural Error Requiring Reversal of Convictions, by Dale Chappell
- New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial, by Matthew Clarke
- Seattle to Toss Old Pot Convictions
- Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed, by Dale Chappell
- Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel, by Christopher Zoukis
- FBI Data Reveal ‘War on Cops’ is Nonexistent, by Dale Chappell
- South Carolina Supreme Court Clarifies When Court Can Deny Right to Self-Representation; Orders New Trial, by Dale Chappell
- Pennsylvania Supreme Court Vacates Intellectually Disabled Prisoner’s Death Sentence, by Christopher Zoukis
- Pennsylvania Supreme Court Announces New Rule to Allow IAC Claims for Fine-Only Sentences, by Dale Chappell
- Ninth Circuit: Younger Abstention Not Appropriate in Habeas Case Challenging Lack of Constitutionally Sufficient Bail Hearing, by Christopher Zoukis
- Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death, by Dale Chappell
- Is FBI Using Classified Tools for Everyday Investigations?, by Christopher Zoukis
- Legally Thrown in Jail for Wanting to File a Complaint Against Police
- District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’
- Powerful District Attorney Lobbies Improperly Influence Law Making, by Matthew Clarke
- NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops
- State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases, by Betty Nelander
- News in Brief
- Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’, by Dale Chappell
- The Long, Dark History of Law Enforcement’s Warrantless Bus Searches, by Steve Horn
- Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking, by Dale Chappell
- Risk Assessment Software: Biased and No Better Than Human Behavior Prediction, by Christopher Zoukis
- Daily Caller Investigation Lays Opiate Crisis at Feet of DEA, by Derek Gilna
- SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional, by Richard Resch
- Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear, by John W. Whitehead
- Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots, by Dale Chappell
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Texas Court of Criminal Appeals Holds Grand Jury No-Bill Terminated Sixth Amendment Right to Counsel, Clarifies Frye Exception, May 1, 2026. Sixth Amendment, Confessions - Admissibility, After Request for Counsel, Police Interrogations, Voluntary Nature/Voluntariness.
- Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026. Fifth Amendment, Sixth Amendment, Self-Incrimination Clause, Right to Testify/Remain Silent, Acceptance of Responsibility.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- SCOTUS Holds Sixth Amendment Requires Case-Specific Necessity Determination to Screen Child Witnesses, Rejecting Reliance on Mandatory State Statutes Based on Generalized Legislative Findings, Dec. 15, 2025. Sixth Amendment, Confrontation Clause/Rights, Video/Closed Circuit TV Testimony, Confrontation Clause.
- DOJ Settles With Orange County Over Use of “Jailhouse Snitches”, Dec. 1, 2025. Informants, Sixth Amendment, Confessions - Admissibility, Evidence - Failure to Disclose, Pleas Linked to Cooperation.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025. Sixth Amendment, Three Strikes Statutes/Rule, Prior Conviction/Sentence/Incarceration, Blakely/Booker, Miscalculation of the Guidelines Sentencing Range.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.





