If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

Kansas Supreme Court
August 10, 2020

Table of Contents

State v. Ellis

Civil Rights, Constitutional Law, Criminal Law

State v. Timley

Civil Rights, Constitutional Law, Criminal Law

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Economic Theory Shows that People Will Make Choices that Worsen the Pandemic

NEIL H. BUCHANAN

verdict post

UF Levin College of Law professor and economist Neil H. Buchanan points out some of the ways in which congressional Republicans misunderstand economics to justify withholding unemployment payments from Americans during the COVID-19 pandemic. Buchanan argues that economic theory soundly demonstrates that given the opportunity, people will make choices that worsen the toll of the pandemic.

Read More

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.

Read Opinion

Are you a lawyer? Annotate this case.

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.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043