Parental Advisory: Case Law, Part 2

About a year and a half ago, I posted about a decision of the Kansas Court of Appeals regarding the admission of a defendant’s statements after being pelted with profanities by the arresting officers.

It turns out that the State petitioned the Kansas Supreme Court for review, which they accepted. They released their decision today.

There wasn’t a “warning” in the Supreme Court decision, written by Chief Justice Lawton Nuss. There was, however discussion on the profane language and its impact on how the Defendant interacted with the arresting officers.

In addition to throwing out statements the Defendant made after receiving his Miranda warning, the defendant cross-petitioned for review whether statements he made before being read his rights should have been suppressed. The Supreme Court agreed with the defendant on this as well, reasoning that the police had effectively put him in custody when he made those statements and therefore should have been given his Miranda warning sooner.

Justice Caleb Stegall, joined by Justice Dan Biles, disagreed with the suppression of the pre-Miranda statements. Stegall also thought the majority opinion put too much weight on the use of the f-bomb, but agreed that the officer’s statements were coercive in nature to affirm their suppression.

Turn left at the mirror

The titular mirror stands over the corner of 21st Street and Wellman Road, the closest point from the paved road to my new election site: Sarcoxie Township station #2.

Kansas Governor: I promised back in August that if Kris Kobach won the primary, I would vote for the Democrat. Not only did I vote for Democrat Laura Kelly, I put up a sign for her in front of the Kennedy Compound.

Continue reading Turn left at the mirror

GOP Primary 2018

As I usually do, I share my election picks after my ballot is in the collection box.

Kansas Governor: Without question, I chose incumbent governor Jeff Colyer. There was no way in hell I was going to let current Secretary of State Kris Kobach anywhere near Cedar Crest if I had anything to say about it. If Kobach makes it to general, I will vote for the Democrat – whomever he or she may be. Continue reading GOP Primary 2018

Voting ab initio

As a left-handed right-winger, I mostly toe the GOP line. That does not mean I blindly vote the straight ticket.

For President: I could not vote for Hillary Clinton. I could not vote for Donald Trump. Even though he’s far from perfect, I went with Gary Johnson and will leave it at that. Besides, it’s safe to say that Trump will carry Kansas no matter what I do. Continue reading Voting ab initio

Lies and Damned Lies

I decided to do an unofficial poll on how the Kansas Governor’s race is looking, based on the results of last night’s primary. Basically, I compared the votes tallied for Brownback with the total voters for Jennifer Winn (Brownback’s primary opponent), Chad Taylor and Patrick Wiesner (the two Democrat candidates for the US Senate seat)

Continue reading Lies and Damned Lies