Kansas

Cap on pain-and-suffering damages violates Kansas Constitution, state supreme court says

The Kansas Supreme Court ruled 4-2 Friday that a cap on noneconomic damages violates the right to a jury trial under the state constitution’s Bill of Rights. The court struck down a damages cap of $250,000 in the case of Diana Hilburn, a passenger in a car rear-ended by a…

Jun 18, 2019 7:00 AM CDT

ABA supports use of traditional insanity defense in death-row inmate’s petition

In an amicus brief filed with the U.S. Supreme Court on Friday, the ABA said it supports Kansas death-row inmate James Kraig Kahler’s petition to reverse the Kansas Supreme Court decision that rejected the traditional insanity defense in his case. Kahler, who was convicted of killing four family members in…

Jun 10, 2019 12:44 PM CDT

Ruling in law firm’s case, 9th Circuit upholds structure of US consumer agency

Another federal appeals court has upheld the constitutionality of the structure of the U.S. Consumer Financial Protection Bureau—this time in an appeal by a law firm challenging a civil investigative demand by the agency. The 9th U.S. Circuit Court of Appeals at San Francisco ruled Monday in an appeal by…

May 7, 2019 10:44 AM CDT

Kansas Supreme Court rules state constitution guarantees abortion rights, even if Roe is overturned

A decision by the Kansas Supreme Court on Friday means that even if Roe v. Wade was overturned, abortions would stay legal in the state.

Apr 29, 2019 7:00 AM CDT

Supreme Court to decide whether registration check justified traffic stop

The U.S. Supreme Court agreed Monday to decide whether an officer had reasonable suspicion to pull over the driver of a truck after a registration check showed that the vehicle’s owner had a revoked driver’s license. The Kansas Supreme Court had found that the stop violated the Fourth Amendment rights…

Apr 2, 2019 11:10 AM CDT

Plaintiffs seeking more school funding are using states’ own performance requirements to win

Parents and school districts have been suing over school funding, using state-mandated performance standards to argue that states aren’t living up to their end of the bargain—and they’re winning.

Apr 1, 2019 1:40 AM CDT

Can states curtail insanity defense? Supreme Court to decide

The U.S. Supreme Court on Monday agreed to decide whether the Constitution prevents the state of Kansas from curtailing the insanity defense.

Mar 18, 2019 10:40 AM CDT

Children paid for sex acts were aggressors, judge says while sentencing 67-year-old man

Prosecutors in Leavenworth County, Kansas, are considering an appeal after a judge suggested that two girls, ages 13 and 14, were the aggressors in a sexual encounter with a 67-year-old man. Judge Michael Gibbens granted a downward departure under state sentencing guidelines in December when he sentenced Raymond Soden to…

Feb 4, 2019 11:35 AM CST

Kansas AG argues no right to voter data privacy in federal court

The Kansas attorney general’s office is defending Kris Kobach, the outgoing Kansas secretary of state, by saying there is no right to privacy when it comes to state voter data, according to recent federal court filings.

Nov 16, 2018 10:36 AM CST

Will abortion controversies get Supreme Court hearing? Planned Parenthood funding cases await action

Several abortion cases working their way through the courts could end up before the U.S. Supreme Court, although it’s unclear whether the court will want to take up the politically charged issue at this time. Currently before the court are cert petitions filed by Kansas and Louisiana that contend states…

Oct 26, 2018 1:10 PM CDT

Bull-riding accident lawyer is accused in cyberattacks against websites critical of him

A lawyer in Wichita, Kansas, has been charged in alleged cyberattacks on two websites that posted materials critical of his work, as well as a law firm website. Brad Pistotnik is accused along with computer software engineer David Dorsett, according to a press release. The Wichita Eagle and KFDI have…

Jul 18, 2018 10:38 AM CDT

Educating the community about judicial independence can help preserve it

Community support for independent judiciaries is key to their continued development and existence. However, this support can be a challenge to build, given the political and social diversity of individuals and organizations whose lives are directly impacted by state court decisions. While the legal community has professional knowledge concerning attacks…

Jun 21, 2018 7:00 AM CDT

Judge strikes down Kansas voter ID law and orders Kris Kobach to take additional CLE

A federal judge has struck down Kansas’ voter ID law and ordered Kansas Secretary of State Kris Kobach to take additional continuing legal education classes for “repeated and flagrant violations” of federal rules requiring disclosure of evidence before trial.

Jun 19, 2018 9:15 AM CDT

Kris Kobach is held in contempt for failing to tell some would-be voters of eligibility

A federal judge has held Kansas Secretary of State Kris Kobach in contempt of court for failing to follow court orders after she barred enforcement of a law that required proof of citizenship when people registered to vote. U.S. District Judge Julie Robinson of Kansas City, Kansas, held Kobach in…

Apr 19, 2018 9:34 AM CDT

Waterpark co-owner is charged with reckless murder in connection with boy’s death on ride

The co-owner of a Kansas waterpark has been arrested in Texas and charged with second-degree murder in connection with the death of a 10-year-old boy who was decapitated on what authorities say was a poorly designed waterslide. Jeffrey Henry, the co-owner of Schlitterbahn Waterparks and Resorts, was arrested on Monday,…

Mar 27, 2018 2:06 PM CDT