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News in Brief

Article • May 15, 2025 • from CLN June, 2025

Filed under: News in Brief

News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …

Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate...

Article • December 15, 2024 • from CLN January, 2025

Filed under: Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas

Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination by Sam Rutherford by Sam Rutherford The Supreme Court of Kansas held that a defendant’s privilege against compelled self-incrimination concerning his alleged criminal …

Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand an...

Article • October 1, 2024 • from CLN October, 2024

Filed under: Procedural Default/Error, Right to Testify, Right to Testify/Remain Silent

Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the complete and wrongful denial of criminal defendant John …

Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad

Article • August 1, 2024 • from CLN August, 2024

Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad by David Reutter by David M. Reutter The Supreme Court of Kansas ruled that the “noisy conduct” provision in a Wichita ordinance is unconstitutionally overbroad under the First Amendment. The Court severed the provision from the constitutional “fighting words” provision …

Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered

Article • June 15, 2024 • from CLN June, 2024

Filed under: Confessions and Statements of Defendant, Voluntary Nature/Voluntariness

Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered by Douglas Ankney by Douglas Ankney   The Supreme Court of Kansas clarified the framework to be used for determining whether a confession was …

Estate of Lucas Bellamy v. Omweri, Complaint, Wrongful Death-Medical Neglect, 2024

Brief • May 10, 2024

Filed under: Wrongful Death, Medical Neglect/Malpractice

Estate of Lucas Bellamy v. Omweri, Complaint, Wrongful Death-Medical Neglect, 2024 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Louis Bellamy, as Trustee for the next of kin of Lucas John Bellamy, Deceased, Case No. 24-cv-00170 (DWF/TNL) Plaintiff, First Amended Complaint vs. Roselene M. Omweri in her …

Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State ...

Article • January 15, 2024 • from CLN January, 2024

Filed under: State Statutes, Sufficiency of Evidence, Specific Offenses

Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson by Douglas Ankney Douglas Ankney The Supreme Court of Kansas held that the State must prove a defendant specifically intended …

Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review

Article • October 1, 2023 • from CLN October, 2023

Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders

Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …

Kansas Supreme Court Announces Legislature Intended to Tie One Unit of Prosecution to Multiple Items of Drug Paraphernalia Under K.S.A. 2016 Supp. § 21-5709(b)(1) and (b)(2)

Article • August 1, 2023 • from CLN August, 2023

Filed under: Multiple Counts, Grouping

Kansas Supreme Court Announces Legislature Intended to Tie One Unit of Prosecution to Multiple Items of Drug Paraphernalia Under K.S.A. 2016 Supp. § 21-5709(b)(1) and (b)(2) by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that the Legislature intended to tie a single unit of prosecution to …

Braddy v. Sells, KS, Complaint, Assault, 2023

Brief • July 31, 2023

Filed under: False Imprisonment

Braddy v. Sells, KS, Complaint, Assault, 2023 ELECTRONICALLY FILED 2023 Jul 31 PM 1:10 CLERK OF THE WYANDOTTE COUNTY DISTRICT COURT CASE NUMBER: WY-2023-CV-000418 PII COMPLIANT IN THE DISTRICT COURT OF WYANDOTTE COUNTY, KANSAS CIVIL COURT DEPARTMENT JOSHUA BRADDY, ) ) ) ) ) ) ) ) ) ) ) …

Estate of Bentz v. Kansas Highway Patrol, KS, Settlement, Wrongful Death, 2023

Brief • July 28, 2023

Filed under: Wrongful Death, Accidents

Estate of Bentz v. Kansas Highway Patrol, KS, Settlement, Wrongful Death, 2023 Settlement Agreement and Release Parties. This Settlement Agreement and Release ("Agreement") is executed on the dates indicated on the signature page(s) herein by is made by: Kelly Ratzloff, individually as daughter and heir at law of Anita Benz, …

Estate of Bentz v. Kansas Highway Patrol, KS, Complaint, Wrongful Death, 2023

Brief • March 3, 2023

Filed under: Wrongful Death, Accidents

Estate of Bentz v. Kansas Highway Patrol, KS, Complaint, Wrongful Death, 2023 Case 2:23-cv-02098-TC-GEB Document 1 Filed 03/03/23 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KELLY RATZLOFF, as daughter and on behalf of the heirs at law of ANITA BENZ, deceased, Plaintiff, …

Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures

Article • January 15, 2023 • from CLN February, 2023

Filed under: Forfeiture, Federal Funds

Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures by Jacob Barrett by Jacob Barrett In 2019, Kansas enacted a law that requires police agencies to accurately track and report amounts seized from property forfeitures — known as civil asset forfeiture. As of 2022, …

Veteran Kansas Homicide Detective Charged in Sex-Trafficking Investigation Involving Girls as Young as 13

Article • December 18, 2022

Filed under: Sexual Assault, Juveniles, Failure to Protect (Juveniles)

Veteran Kansas Homicide Detective Charged in Sex-Trafficking Investigation Involving Girls as Young as 13 by Kaden Gicker by Kaden Gicker On Nov. 14, 2022, an indictment against former Kansas City, Kansas, homicide detective, Roger Golubski, was unsealed. CNN reported that the former officer, long suspected of numerous heinous crimes, was …

News in Brief

Article • December 15, 2022 • from CLN January, 2023

Filed under: News in Brief

News in Brief by Arizona: A police officer in Scottsdale was arrested on Nov. 4, 2022, after allegedly causing a car crash while intoxicated. AZFamily reported that officer Michael Lanouar, a police detective, was taken into custody on suspicion that he had been driving a city-leased car while under the …

Kansas Cop Allowed to Keep His License After Being Fired for Hog Tying and Tasing an Autistic Foster Child

Article • October 20, 2022

Filed under: Police Misconduct, Mental Retardation/Intellectual Disability

Kansas Cop Allowed to Keep His License After Being Fired for Hog Tying and Tasing an Autistic Foster Child by Jo Ellen Nott by Jo Ellen Nott On February 23, 2022, Jackson County Sheriff’s Deputy Matthew Honas “used excessive force multiple times” on a 12-year-old autistic boy who was running …

Tenth Circuit Rules Trooper’s Hunches Insufficient to Prolong Traffic Stop, Explains ‘Rodriguez Moment,’ and Suppresses Evidence Obtained as Result of Unlawful Seizure

Article • October 15, 2022 • from CLN November, 2022

Tenth Circuit Rules Trooper’s Hunches Insufficient to Prolong Traffic Stop, Explains ‘Rodriguez Moment,’ and Suppresses Evidence Obtained as Result of Unlawful Seizure by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that the various hunches of drug-related activity articulated by a Utah …

News in Brief

Article • October 15, 2022 • from CLN November, 2022

Filed under: News in Brief

News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …

Corrupt Kansas City Detective Sexually Assaulted Women with Impunity for Years

Article • August 20, 2022

Filed under: Staff-Prisoner Assault

Corrupt Kansas City Detective Sexually Assaulted Women with Impunity for Years by Jo Ellen Nott by Jo Ellen Nott Kansas City, Kansas, (“KCK”) retired detective Roger Golubski used his position of authority and power to sexually abuse at least 70 women of color and with limited resources during his long …

Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement

Article • June 15, 2022 • from CLN July, 2022

Filed under: U.S. Sentencing Guidelines, Rejection

Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …