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Kansas Supreme Court: State Failed to Prove Building Was a Dwelling

Loaded on March 18, 2020 by Douglas Ankney published in Criminal Legal News April, 2020, page 17
Filed under: Arrest and Booking, Police, False Arrest. Location: Arkansas.

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 …

 

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  1. News in Brief
  2. Cops Killed Nearly 13 Times More People Than Mass Shooters, by Bill Barton
  3. U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities, by Dale Chappell
  4. New Jersey Tightens Reins on Civil Asset Forfeiture, by Douglas Ankney
  5. Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, by Anthony Accurso
  6. New York to Seal Convictions for Small Amounts of Marijuana
  7. Warrant Gives Police Access to DNA Database, by Jayson Hawkins
  8. Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, by Douglas Ankney
  9. Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal, by Anthony Accurso
  10. Racial Disparity at Sentencing on the Rise, by Anthony Accurso
  11. NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, by Douglas Ankney
  12. Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling, by Anthony Accurso
  13. Jury Nullification as a Cure for Prosecutorial Overreach, by Anthony Accurso
  14. New Lie Detectors Are On the Way, But Are They Better Than the Old One?, by Anthony Accurso
  15. California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause, by Douglas Ankney
  16. Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, by David M. Reutter
  17. 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
  18. California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop, by Douglas Ankney
  19. Sex Offenders Go to W.A.R., by Edward Lyon
  20. New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, by Chad Marks
  21. Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death, by Dale Chappell
  22. Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, by Anthony Accurso
  23. Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, by Michael Berk
  24. Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes, by Dale Chappell
  25. Sex Offender Registries Grounded in False Notions, by Anthony Accurso
  26. Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence, by Dale Chappell
  27. Fact or Fiction, Television Crime Shows Ignore Racism and Reality, by Michael Fortino, Ph.D
  28. The Faulty Science of Breathalyzers, by Jayson Hawkins
  29. Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino, by Anthony Accurso
  30. 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
  31. 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
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  33. Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, by Douglas Ankney
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  35. Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, by Douglas Ankney
  36. Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction, by David M. Reutter
  37. Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition, by Dale Chappell
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  41. Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness, by David M. Reutter
  42. Kansas Supreme Court: State Failed to Prove Building Was a Dwelling, by Douglas Ankney
  43. Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier, by Douglas Ankney
  44. Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, by Chad Marks
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