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Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague
by Anthony Accurso
In a decision issued on July 17, 2020, the Supreme Court of Kansas struck the residual clause of the state’s statute prohibiting possession of a knife by a convicted felon due to its definition being unconstitutionally vague.
Christopher M. Harris was a convicted felon on post-release supervision ...
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More from this issue:
- Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
- Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
- Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
- Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections, by Douglas Ankney
- The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
- Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
- Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
- Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
- Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
- Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
- Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
- Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
- Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
- Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
- Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
- First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
- Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person, by Anthony Accurso
- Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation, by Douglas Ankney
- California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence, by Douglas Ankney
- N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
- Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification, by Douglas Ankney
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
- California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel, by Douglas Ankney
- Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841, by Dale Chappell
- Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence, by Anthony Accurso
- Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional, by David Reutter
- Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room, by Anthony Accurso
- Fed Position on Pot Pushing Vets to Black Market, by Jayson Hawkins
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, by Anthony Accurso
- Less Lethal Munitions Still Deadly, by Edward Lyon
- Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up?, by Jayson Hawkins
- Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops, by Michael Fortino, Ph.D
- Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets, by Casey Bastian
- The Danger of Police Dishonesty, by Jayson Hawkins
- Interrogation Via Zoom: Policing in the Age of COVID, by Jayson Hawkins
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, by Kevin Bliss
- Door Bells and Funeral Bells, by Douglas Ankney
- Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?, by Casey Bastian
- Kettles Are Used for Teas, Kettling is Used for People, by Edward Lyon
- Government Treats Protesting Cities as Enemies of the State, by Kevin Bliss
- News in Brief
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Missouri Moms Jailed After Kids Miss Too Much School, April 1, 2024. Family, Mothers in Prison, Children of Prisoners, Vagueness/Overbreadth.
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, Jan. 15, 2024. Vagueness/Overbreadth, Pornography/Pornography Laws, Conditions of, Possession of Pornography, Delegation of Authority.
- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, Nov. 1, 2023. U.S. Sentencing Guidelines, Felon in Possession Statute, Stipulations.
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, June 15, 2023. Vagueness/Overbreadth, Jury Instructions in Jury Room.
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023. Censorship, Vagueness/Overbreadth, Pornography/Pornography Laws.
- BOP Hits Back Hard After Federal Prisoner in Arizona Brandishes Gun, June 15, 2023. Felon in Possession Statute, Bureau of Prisons (BOP).
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, Dec. 15, 2022. Felon in Possession Statute, Suppression of Evidence, Pat Down Searches.
- Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple, Nov. 15, 2022. Felon in Possession Statute, In Connection With Another Felony Offense.
- SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, Feb. 15, 2022. Felon in Possession Statute, Firearms, Plain/Harmless Error.