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Kansas Supreme Court: State Failed to Prove Building Was a Dwelling
by Douglas Ankney
In a case of first impression for the Supreme Court of Kansas, the Court affirmed the decision of the Court of Appeals that had reversed the burglary conviction of Charity Downing because the State failed to prove the building allegedly burgled was a “dwelling” as defined by ...
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More from this issue:
- News in Brief
- Cops Killed Nearly 13 Times More People Than Mass Shooters, by Bill Barton
- U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities, by Dale Chappell
- New Jersey Tightens Reins on Civil Asset Forfeiture, by Douglas Ankney
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, by Anthony Accurso
- New York to Seal Convictions for Small Amounts of Marijuana
- Warrant Gives Police Access to DNA Database, by Jayson Hawkins
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, by Douglas Ankney
- Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal, by Anthony Accurso
- Racial Disparity at Sentencing on the Rise, by Anthony Accurso
- NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, by Douglas Ankney
- Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling, by Anthony Accurso
- Jury Nullification as a Cure for Prosecutorial Overreach, by Anthony Accurso
- New Lie Detectors Are On the Way, But Are They Better Than the Old One?, by Anthony Accurso
- California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause, by Douglas Ankney
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, by David M. Reutter
- Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment, by Douglas Ankney
- California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop, by Douglas Ankney
- Sex Offenders Go to W.A.R., by Edward Lyon
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, by Chad Marks
- Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death, by Dale Chappell
- Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, by Anthony Accurso
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, by Michael Berk
- Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes, by Dale Chappell
- Sex Offender Registries Grounded in False Notions, by Anthony Accurso
- Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence, by Dale Chappell
- Fact or Fiction, Television Crime Shows Ignore Racism and Reality, by Michael Fortino, Ph.D
- The Faulty Science of Breathalyzers, by Jayson Hawkins
- Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino, by Anthony Accurso
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, by Douglas Ankney
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, by Douglas Ankney
- D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does, by Douglas Ankney
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, by Douglas Ankney
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, by Douglas Ankney
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, by Douglas Ankney
- Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction, by David M. Reutter
- Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition, by Dale Chappell
- Life Sentence for Murder Overturned by New DNA Technology, by Michael Fortino, Ph.D
- Expert’s Burn-Pattern Conclusions Flawed, by David M. Reutter
- New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness, by Kevin Bliss
- Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness, by David M. Reutter
- Kansas Supreme Court: State Failed to Prove Building Was a Dwelling, by Douglas Ankney
- Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier, by Douglas Ankney
- Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, by Chad Marks
- Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum, by David M. Reutter
- More Trainings Are Not the Answer to Police Violence Against Disabled People, by Euree Kim
- Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement, by Dale Chappell
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, by Douglas Ankney
- Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief, by Professor Douglas A. Berman
- Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional, by David M. Reutter
- The Rise of Smart Camera Networks, and Why We Should Ban Them, by Michael Kwet
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Arrest and Booking.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- The Dangerous Practice of Late-Night Jail Releases, July 15, 2025. Failure to Protect (General), Jail Specific, Arrest and Booking, Release and Reentry.
- Latest Jail Booking Info Is Based on New Data Source, July 15, 2025. Databases, Arrest and Booking.
- Massachusetts High Schooler Detained by ICE Caught in “Collateral Arrest”, July 15, 2025. Arrest and Booking, Immigration, Arrest Warrants.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Chicago’s Police Body Cam Transparency, Feb. 1, 2025. Videotaping, Police, Police State-Surveillance.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.
- Colorado Law Enforcement Agencies Will Soon Send Drones Instead of Cops in Response to 911 Calls, Sept. 1, 2024. Police, Advanced Imaging Technology.
- Don’t Stand Too Close to First Responders Under New Florida Law, Aug. 1, 2024. Police, Safety Threat to Police.