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Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes
Loaded on Nov. 15, 2025
by Sagi Schwartzberg
published in Criminal Legal News
December, 2025, page 46
by Sagi Schwartzberg
The Supreme Court of Kansas held that a trial court erred by admitting evidence of uncharged, suspected child abuse that occurred over the period of two months preceding a baby’s death under K.S.A. 2022 Supp. 60-455 (governing prior acts evidence) because the State failed to …
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More from this issue:
- The Trial Penalty: How America Abandoned the Right to Trial, by Douglas Ankney
- New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present, by Sagi Schwartzberg
- Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports, by Richard Resch
- Texas Court of Criminal Appeals Announces Defendants on Appeal Bonds for Fine-Only Class C Misdemeanors Are “Restrained” for Purposes of Seeking Habeas Relief, by Matthew Clarke
- New Infrared Light Research on Blow Fly Larvae Reveals Clues to Time of, by Jo Ellen Nott
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, by Douglas Ankney
- ICE Amasses Mass Surveillance Arsenal Targeting U.S. Citizens and Protesters, by Jo Ellen Nott
- Wyoming Supreme Court Announces Improper Comment on Defendant’s Right to Silence Is Per Se Prejudicial and Requires Reversal of Conviction, Overruling Precedent Requiring Prejudice Analysis in Such Cases, by Douglas Ankney
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, by Sagi Schwartzberg
- Maine Supreme Judicial Court Announces Waiver of Privilege Against Compelled Self-Incrimination Must Be “Clear and Unequivocal” Under Maine Constitution, Joining States That Provide Greater Protection Than Federal Standard, by David Kim
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, by David Kim
- Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes, by Sagi Schwartzberg
- NEWS IN BRIEF
More from Sagi Schwartzberg:
- Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right, March 1, 2026
- Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026
- Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds, Feb. 1, 2026
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025
- California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, Dec. 15, 2025
- Mass Surveillance for Profit: Flock’s AI Reports “Suspicious” Movement to Police, Dec. 15, 2025
- New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present, Nov. 15, 2025
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025
- Kansas Supreme Court: Trial Court Erred by Admitting Evidence of Prior Crimes Without Proper Foundation Because State Failed to Prove Defendant Committed Those Crimes, Nov. 15, 2025
More from these topics:
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026. Cell Site Location Information ("CSLI"), Failure to Consult/Investigate/Raise, Trial Strategy, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue.
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026. Interlocutory Appeals, Prejudice - Potential for Undue, Fair Trial, Witnesses - Examination of, Criminal Records.
- Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, Aug. 1, 2026. Bribery/Extortion/Theft, Lack of Evidence, Statutory Construction/Interpretation, Statutes of Limitation and Laches.
- South Carolina Supreme Court Announces Penile Plethysmograph Results Are Inadmissible Until Underlying Science Becomes Standardized, Affirming Reversal of Sexually Violent Predator Commitment, June 1, 2026. Civil Commitment, Sexually Dangerous Persons/Sexual Violent Predators, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue, Scientific Testimony or Evidence.
- New Jersey Supreme Court Announces Historical CSLI Must Be Presented Through Expert Testimony, Rejecting Lay Mapping of Cell-Tower Locations Because Interpreting CSLI Requires Technical and Specialized Knowledge Beyond “Ken” of Average Juror, May 1, 2026. Cell-Phone Location/Tracking Data, Cell Site Location Information ("CSLI"), Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Colorado Supreme Court Holds Prosecutor’s Interlocutory Appeal of Evidentiary Ruling Lacked Arguable Merit, Did Not Toll Speedy Trial Deadline, and Violated Defendant’s Right to Speedy Trial, May 1, 2026. Appealable Issues/Orders, Interlocutory Appeals, Speedy Trial Clock - Tolling of, Statutory Construction/Interpretation, Prejudice - Potential for Undue.
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026. Background Evidence, Prejudice - Potential for Undue, Bad Acts Evidence, Improper Comments, Plain Error.
- Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility, March 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Motive/Opportunity/Intent/Identity Evidence, Character/Reputation/Propensity, Plain/Harmless Error.
- When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA”, Feb. 1, 2026. Forensic Sciences, Evidence - Integrity/Reliability of, Prejudice - Potential for Undue, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026. Police Interrogations, Juvenile Offenses/Offenders, Bad Acts Evidence, Custodial Interrogations, Denial of Due Process.
