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Kansas Supreme Court Opinions | State v. Ellis | Docket: 120046 Opinion Date: August 7, 2020 Judge: Eric S. Rosen Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The Supreme Court affirmed the decision of the Court of Appeals reversing the judgment of the district court denying Defendant's motion to suppress drug-related evidence, holding that that the Court of Appeals correctly denied the motion to suppress. Defendant was charged with possession of methamphetamine and possessing drug paraphernalia. Defendant filed a motion to suppress, arguing that she was unlawfully detained. In response, the State argued that the attenuation doctrine legitimized the seizure. The Court of Appeals reversed, holding that the investigatory detention of Defendant exceeded the scope of the initial welfare check. The Supreme Court affirmed, holding (1) where the police officer had no reasonable suspicion that Defendant was committing, had committed, or was about to commit a crime the officer's conduct constituted an unlawful seizure and consequent search; and (2) the facts of this case rendered application of the attenuation doctrine inappropriate. | | State v. Timley | Docket: 120414 Opinion Date: August 7, 2020 Judge: Wilson Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The Supreme Court affirmed Defendant's conviction for first-degree premeditated murder, holding that there was no reversible error in the proceedings below. Specifically, the Supreme Court held (1) even if a challenged remark by the prosecutor constituted prosecutorial error, there was no possibility that it contributed to the verdict; (2) the district court did not err in admitting cell tower maps and accompanying testimony; (3) the district court did not commit clear error in failing sua sponte to instruct the jury on intentional second-degree murder as a lesser included offense of premeditated first-degree murder; and (4) the district court's failure to give any lesser included instructions did not violate Defendant's due process rights. | |
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