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Appellate Court Digests
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Fri., Oct. 21, 2016

Each week the KBA provides digested summaries of the Kansas Supreme Court and Kansas Court of Appeals opinions to its members. For full text of the opinions, please visit

Kansas Supreme Court

  • State v. Belt: Criminal—(1) Was there sufficient evidence to convict Belt of capital murder, (2) Was there sufficient evidence to convict Belt of level 3 aggravated arson, (3) Was Belt's conviction for attempted rape multiplicitious
    #94,435 (SupCt) Sedgwick District Court – Affirmed in part and reversed in part
  • State v. Chapman: Criminal—Whether an anonymous tip of suspicious but not criminal activity provides reasonable suspicion for a law enforcement car stop
    #111,572 (SupCt) Sedgwick District Court – Remanded with directions, Court of Appeals – Reversed
  • State v. Kleypas: Criminal—(1) Is there an exception to the law of the case rule that allows review of guilt-phase errors, (2) does the admission of improperly seized evidence require reversal of Kleypas' convictions, (3) does an intervening change in the law require reversal of Kleypas' attempted rape conviction, (4) did the district court err by not declaring a mistrial based on a courtroom spectator's behavior , (5) is Kleypas entitled to a new sentencing hearing because of prosecutorial misconduct, (6) was it erroneous for one KBI agent to testify concerning test results obtained by another agent, (7) did the district court err by failing to follow the Supreme Court's mandate when instructing the jury, (8) was it reversible error for the district court to refuse to list "mercy" as a mitigating factor, (9) did the district court err by instructing the jury that it could determine what constitutes a mitigating circumstance, (10) was Kleypas' sentencing hearing tainted by prosecutorial misconduct, (11) does the Eighth Amendment prohibit the execution of offenders who are severely mentally ill at the time of the crime, (12) is the "heinous, atrocious, or cruel" aggravating factor unconstitutionally vague and overbroad
    #101,724 (SupCt) Crawford District Court – Affirmed in part, reversed in part, vacated in part, remanded with directions
  • City of Dodge City v. Webb: Criminal—Whether, under the implied consent law, law enforcement is able to obtain a search warrant when a suspect refuses to submit to testing
    #109,634 (SupCt) Ford District Court – Affirmed, Court of Appeals – Affirmed

Kansas Court of Appeals

  • State v. Wilmer: Criminal—Whether the district court may issue a no-contact order that gives rise to criminal prosecution on an incarcerated defendant
    #114,925 (CtApp) Leavenworth District Court – Affirmed
more Calendar

10/17/2016 » 10/31/2016
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