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Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’

Loaded on Jan. 15, 2022 by Douglas Ankney published in Criminal Legal News February, 2022, page 30
Filed under: Ineffective Assistance of Counsel. Location: Virginia.

by Douglas Ankney

The Supreme Court of Kansas held that Brooke Dinkel’s trial counsel, Roger Strubel, was ineffective because he failed to request a jury instruction on the voluntary act requirement in a prosecution for rape of a child under 14 years of age where the defense argued that the ...

 

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  1. A Closer Look at Sex Offender Registries, by Casey Bastian
  2. Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, by Dale Chappell
  3. Why Punishing Bad Prosecutors Won’t Fix a Bad System, by James Doyle
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  6. Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, by Anthony Accurso
  7. Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses, by Dale Chappell
  8. SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting, by Douglas Ankney
  9. New Jersey Directive Provides Relief for Certain Drug Offenders, by Casey Bastian
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  11. Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, by Douglas Ankney
  12. Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’, by Douglas Ankney
  13. Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, by Dale Chappell
  14. Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, by Dale Chappell
  15. Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, by Douglas Ankney
  16. Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion, by Douglas Ankney
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  20. FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations, by Douglas Ankney
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