Posts filtered by tags: Kansas Supreme Court[x]


 

Relist Watch

John Elwood previews next Monday’s likely relists. This week’s installment is going to be brief, but at least it won’t be funny. It’s not just that I’m pressed for time, though I am: As I type this, the power is out for my entire neighborhood, and I sit hunched over my laptop in inky blackness. Apparently, the universe has decided that my gratuitous hyperlinks need to be given a rest. There was one grant out of last week’s relists, pushing the Kansas Supreme Court into an early lead as the most-...
Tags: Featured, Supreme Court, Law, Congress, Oregon, Time, Indiana, Dhs, United States, Portland, Nielsen, Box, Smith, Naacp, Department Of Homeland Security, University Of California


Justices grant one new case

The Supreme Court issued orders this morning from the justices’ private conference last week. The justices added just one new case to their merits docket for next term: Kansas v. Glover, in which the court agreed to decide whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for a police officer to suspect that the registered owner of a car is in fact the person driving the car. The case granted today arose when a Kansas sheriff’s deputy checked the registr...
Tags: Featured, Supreme Court, Law, Oregon, Indiana, Kansas, U S Supreme Court, Kansas Supreme Court, Howe, Glover, Goldstein Russell, What's Happening Now, Charles Glover Jr


Relist Watch

John Elwood reviews Monday’s relists. After last week’s relist commotion, this week the changes are fewer, more subtle, and bad news for petitioners. Eight-time relist Newton v. Indiana, 17-1511, involving whether Miller v. Alabama applies to discretionary sentences of life without parole imposed for juvenile offenses, has been downgraded to a “hold” for last week’s grant in Mathena v. Malvo, 18-217, (itself relisted seven times) which basically covers the same issue. (The news isn’t that bad fo...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Indiana, Dhs, Catholic Church, Kansas, Catholic, Nielsen, Naacp, Department Of Homeland Security, University Of California, Newton, Puerto Rico


Relist Watch

John Elwood reviews Monday’s relists. Exciting times on the relist front! After a couple of light weeks, we had a flurry of action Monday. From last installment’s two new relists, the Supreme Court called for the views of the solicitor general in one case involving what accommodations employers must make for their employees’ religious exercise. The court denied cert in the other case, which involved claims of racial bias in jury deliberations, prompting Justice Sonia Sotomayor to issue an opinio...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Nike, Indiana, Dhs, Chicago, United States, Social Security, Michael Jordan, Kansas, Jordan, Louisiana, Nielsen


Justices grant four new cases (Corrected)

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Corrections


Justices grant four new cases

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Patterson


Supreme Court takes up Kansas identity theft case

The U.S. Supreme Court on Monday agreed to consider a bid by Kansas to revive the state's policy of prosecuting people for identity theft for using other people's Social Security numbers to gain employment in a case linked to immigration issues. The justices will hear the state's appeal of a 2017 Kansas Supreme Court ruling that voided the convictions of three restaurant workers and found that a 1986 federal law, the Immigration Reform and Control Act, prevents states from pursuing such prosecu...
Tags: News, Supreme Court, Social Security, Kansas, U S Supreme Court, Kansas Supreme Court, Ramiro Garcia Donaldo Morales, Guadalupe Ochoa Lara


No Probation For Multiple Ethics Violations

The Kansas Supreme Court has rejected probation in favor of suspension in a matter involving misconduct towards an elderly couple who had received bad tax planning advice and retained the attorney to pursue relief. From the hearing panel report finding... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process


Relist Watch

John Elwood reviews Tuesday’s relists. I have an argument coming up, so I’m going to be fairly summary today. There was a fair amount of turnover at the February 15 conference, with one relist getting the nod (while its companion case had to settle for a hold) and one lucky petitioner winning summary reversal. Although the court to a former congressman who sought to challenge criminal charges he was facing, Justice Sonia Sotomayor at least filed an opinion acknowledging that the issue he raise...
Tags: Florida, Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Social Security, Wheeler, English, Kansas, Ohio


Second Disbarment For Domestic Violence

The Kansas Supreme Court has disbarred an attorney On September 18, 2018, the respondent was temporarily suspended in Kansas in accordance with Supreme Court Rule 203(c) (2019 Kan. S. Ct. R. 240), as a result of respondent's convictions of aggravated... [Author: Legal Profession Prof]
Tags: Supreme Court, Law, Kansas, Kansas Supreme Court, Kan, Legal Profession Prof, Bar Discipline & Process


United States: Becker v. The Bar Plan Mutual Insurance Company - Lewis Roca Rothgerber Christie LLP

The Kansas Supreme Court's recent ruling in Becker v. The Bar Plan Mutual Insurance Company revived an investor's shot at recovering a $3.9 million judgment for legal malpractice against his former attorney's insurer.
Tags: News, United States, Kansas Supreme Court, Becker, The Bar Plan Mutual Insurance Company


Missing In Action

The Kansas Supreme Court has disbarred an attorney who accepted and neglected a personal injury claim. He made himself unavailable to the clients, as reflected by the hearing committee findings The respondent failed to inform W.D. that he moved his... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process


Are there constitutional (and ethical) issues raised by allowing the family of murder victims to hire lawyers to assist prosecutors as "associate attorneys" in capital prosecution?

The question in the title of this post is prompted by this very interesting local article from Kansas headlined "Despite doubts, judge allows private prosecutors in case of two slain deputies."  Here is the story, with one particular line emphasized: Over the objections of defense lawyers, and despite his own misgivings, a Wyandotte County judge said Wednesday he must allow private attorneys to assist in the prosecution of a man charged with killing two sheriff’s deputies. Antoine Fielder, 30, ...
Tags: Law, Kansas, Baths, Kansas Supreme Court, DuPree, Wyandotte County, Douglas A Berman, Rohrer, Mark Dupree, Theresa King, Patrick Rohrer, Antoine Fielder, Tom Bath, Tricia Bath Because Fielder, Kansas Death Penalty Defense Unit, Jeff Dazey


United States: Client Alert Re: Becker V. The Bar Plan Mutual Insurance Company - Lewis Roca Rothgerber Christie LLP

The Kansas Supreme Court's recent ruling in Becker v. The Bar Plan Mutual Insurance Company1 revived an investor's shot at recovering a $3.9 million judgment for legal malpractice
Tags: News, United States, Kansas Supreme Court, Becker, The Bar Plan Mutual Insurance


Constitutional law roundup

Kansas Supreme Court rules 4-3 that cops can conduct warrantless search of private homes if they say they smell marijuana. Practical difference between this and “…whenever they please” is not clear [Tim Carpenter, Topeka Capital-Journal] At Timbs v. Indiana oral argument, Court seems sympathetic to idea of applying Excessive Fines clause to the states [Robby Soave, Jacob Sullum, Ilya Somin, earlier here, here, and here] Notwithstanding Justice Gorsuch and Kavanaugh’s interjections, there is...
Tags: New York, Guns, Supreme Court, Law, Uncategorized, America, Indiana, New Hampshire, Kansas, Constitutional Law, Fourth Amendment, Kansas Supreme Court, Whitaker, Cato, Cato Institute, Arizona Supreme Court


Government files invitation briefs, recommends just one grant

In the past few days, the federal government has filed a bevy of briefs expressing the views of the United States on issues ranging from the interpretation of the Foreign Sovereign Immunities Act to California’s ban on foie gras. The justices often pay close attention to the government’s recommendations; if they follow that practice here, they are not likely to add many new cases from this batch to their docket, because the government recommended that the Supreme Court grant review in just one c...
Tags: Utah, Featured, Supreme Court, Law, Congress, California, Washington, Massachusetts, Court, Indiana, Austin, Hungary, United States, Missouri, Social Security, Fca


They Showed Him

The Kansas Supreme Court has rejected a jurisdictional argument and suspended an attorney This contested attorney discipline proceeding arises out of two separate matters handled by David P. Crandall. After the Disciplinary Administrator filed a formal complaint, the chairman of... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process, David P Crandall


Tax Crimes Draw Indefinite Suspension

Tax violations have led to an indefinite suspension of an attorney by the Kansas Supreme Court For years, the respondent engaged in the private practice of law in Kansas City, Kansas. The respondent was the sole proprietor of her law... [Author: Legal Profession Prof]
Tags: Law, Kansas City Kansas, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process


Limited Scope Representation Did Not Cure Obvious Conflict

The Kansas Supreme Court has ordered a published censure for an attorney's misconduct in connection with a criminal case involving the death of a pedestrian hit by a "newer model Dodge Ram." A minority of the court would impose a... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process


Grand Jury To Investigate Kobach, Kansas Supreme Court Affirms

A grand jury, summoned by a citizen’s petition, will investigate whether Kris Kobach or his office engaged in “destroying, obstructing, or failing to deliver online voter registration” in 2016, the Lawrence Journal-World reported Friday. Kobach, the Kansas Secretary of State and current Republican gubernatorial nominee, lost an appeal to the Kansas Supreme Court to review an appeals court’s ruling that Lawrence resident Steven Davis had met the legal requirement to summon a grand jury via petiti...
Tags: News, Kansas, Steven Davis, State, Kansas Supreme Court, Lawrence, Lawrence Journal World, Davis Davis, Kris Kobach, Kobach, Matt Shuham, Investigate Kobach Kansas Supreme Court, Journal World


Kansas Supreme Court rules school funding inadequate

TOPEKA, Kan. (AP) — The Kansas Supreme Court Monday ruled for the third time in two years that the state’s spending on public schools is inadequate despite an increase approved earlier this year, but gave the state another year to come up with more funding. The high court rejected arguments from the state that a […]
Tags: News, Kansas Supreme Court, Topeka, Kan AP, The Kansas Supreme Court, Nation & World


Kansas Supreme Court says lawmakers did not boost school funding enough, gives Legislature a year to increase

TOPEKA, Kan. (AP) — Kansas Supreme Court says lawmakers did not boost school funding enough, gives Legislature a year to increase.
Tags: News, Legislature, Kansas Supreme Court, Topeka, Kan AP, Nation & World


Kansas court uphold law ending teachers’ guaranteed tenure

The Kansas Supreme Court has ruled that a state law stripping public school teachers of guaranteed tenure does not violate the state or federal constitution
Tags: News, Kansas, Kansas Supreme Court, Nation & World Politics


Kansas Supreme Court sends DNA request back to lower court

TOPEKA, Kan. (AP) — The Kansas Supreme Court has remanded a convicted man’s request for DNA testing back to Leavenworth County District Court for further review. The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is […]
Tags: News, Kansas Supreme Court, Topeka, Kansas Court of Appeals, Kan AP, Leavenworth County District Court, The Kansas Supreme Court, Nation & World, Gregory Mark George Jr


ACLU brings novel lawsuit against Kansas DA for failing to disclose diversion options to defendants

Late last year, the ACLU of Kansas last year produced this report titled "Choosing Incarceration" lamenting that prosecutors in Kansas often sought incarceration over available diversion programs.  Now, as details in this press release, the ACLU has taken its complaints to court: The American Civil Liberties Union and the ACLU of Kansas filed a lawsuit today on behalf of a faith-based organization against a county prosecutor for failing to implement diversion programs in accordance with Kansas ...
Tags: Law, Aclu, New Orleans, Kansas, Wilson, Montgomery County, Kansas Supreme Court, American Civil Liberties Union, Orange County California, Markle, Kcf, Douglas A Berman, Larry Markle, Kansas DA, Somil Trivedi, Trone Center for Justice


One Hour Short: A Truly Exceptional Circumstance

In a bar case it called "unusual," the Kansas Supreme Court remanded a matter for an informal admonition This case arose out of Respondent's failure to act promptly on and communicate adequately about client A.B.'s request for a recalculation of... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Respondent, Legal Profession Prof, Bar Discipline & Process


A Truly Exceptional Circumstance

In a bar case it called "unusual," the Kansas Supreme Court remanded a matter for an informal admonition This case arose out of Respondent's failure to act promptly on and communicate adequately about client A.B.'s request for a recalculation of... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Respondent, Legal Profession Prof, Bar Discipline & Process


“Kansas Supreme Court expresses doubt about five-year, $525M education package”

“Kansas Supreme Court expresses doubt about five-year, $525M education package”: Tim Carpenter of The Topeka Capital-Journal has this report.
Tags: Law, Uncategorized, Kansas Supreme Court, Topeka Capital Journal, Tim Carpenter


Late Fee $100

The Kansas Supreme Court has suspended an attorney for one year as a consequence of his practice after an administrative suspension. His annual dues payment arrived late and a $100 late fee was assessed but unpaid. He was suspended for... [Author: Legal Profession Prof]
Tags: Law, Kansas Supreme Court, Legal Profession Prof, Bar Discipline & Process


No new grants, but four CVSGs

This morning the Supreme Court issued orders from last week’s private conference. The justices did not add any new cases to their merits docket for their next term, which begins in October, but they did ask the U.S. solicitor general to weigh in on four cases. Two of the cases in which the U.S. solicitor general has been asked to file briefs expressing the views of the United States are original actions – that is, lawsuits filed first in the Supreme Court – challenging state laws that seek to re...
Tags: Featured, Supreme Court, Law, California, Massachusetts, Indiana, United States, Missouri, Food And Drug Administration, Kansas, Fda, Illinois, Garcia, Kansas Supreme Court, Gilead Sciences, Howe