categorical rule in Kansas

2019There are two types of proportionality challenges under the Eighth Amendment: (1) a case-specific challenge that the sentence is disproportionate "given all the circumstances in a particular case," Graham , 560 U.S. at 59 ; and (2) a categorical challenge "that an entire class of sentences is unconstitutionally disproportionate given the severity of the sentence, the gravity of the crime, and the type of offender." United States v. Williams , 636 F.3d 1229 , 1233 (9th Cir. 2011).

2017Gleason's narrower class of offender based on the facts of his crime "is so case- specific it seems to obliterate the distinction between the two categories of analysis: (1) a case-specific analysis that 'would allow courts to account for factual differences between cases' and (2) a categorical analysis." Mossman, 294 Kan. at 928 (quoting Graham v. Florida, 560 U.S. 48, 77 , 130 S. Ct. 2011 , 176 L.

2020Then, in Birchfield, the United States Supreme Court held that warrantless breath tests are constitutionally permissible under the search incident to arrest exception to the Fourth Amendment warrant requirement, and therefore such searches are a categorical exception to the warrant requirement. 136 S. Ct. at 2185 .

2020Then, in Birchfield, the United States Supreme Court held that warrantless breath tests are constitutionally permissible under the search incident to arrest exception to the Fourth Amendment warrant requirement, and therefore such searches are a categorical exception to the warrant requirement. 136 S. Ct. at 2185 .

2021See State v. Patterson, 311 Kan. 59 , 71, 455 P.3d 792 (2020), cert. denied 141 S. Ct. 292 (2020).

2020See State v. Patterson, 311 Kan. 59 , 71, 455 P.3d 792 (2020), cert. denied __ U.S. __, 2020 WL 5882678 (2020).

2017Ed. 2d 825 [2010]); see State v. Florentin, 297 Kan. 594 , Syl. ¶ 3, 303 P.3d 263 (2013) (defendant cannot argue sentence categorically disproportionate in violation of Eighth Amendment by creating fact-specific categories relating to nature of offender and details of crime).

2017Ed. 2d 825 [2010]); see State v. Florentin, 297 Kan. 594 , Syl. ¶ 3, 303 P.3d 263 (2013) (defendant cannot argue sentence categorically disproportionate in violation of Eighth Amendment by creating fact-specific categories relating to nature of offender and details of crime).

2016The Court nevertheless upheld the constitutionality of a warrantless search of the package, concluding that a categorical rule was needed to give police adequate guidance: ‘A police officer’s determination as to how and where to search the person of a suspect whom he has arrested is necessarily a quick ad hoc judgment which the Fourth Amendment does not require to be broken down in each instance into an analysis of each step in the search.’ 414 U.S., at 235 , 94 S. Ct. 467 ; cf. Riley, 573 U.S. at _, 134 S. Ct. at 2491-92 (‘If police are to have workable rules, the balancing of the competing i

2016The Court nevertheless upheld the constitutionality of a warrantless search of the package, concluding that a categorical rule was needed to give police adequate guidance: 'A police officer's determination as to how and where to search the person of a suspect whom he has arrested is necessarily a quick ad hoc judgment which the Fourth Amendment does not require to be broken down in each instance into an analysis of each step in the search.' 414 U.S., at 235 , 94 S. Ct. 467 ; cf. Riley, 523 U.S. at __, 134 S. Ct. at 2491-92 ('If police are to have workable rules, the balancing of the competing

2019There are two types of proportionality challenges under the Eighth Amendment: (1) a case-specific challenge that the sentence is disproportionate "given all the circumstances in a particular case," Graham , 560 U.S. at 59 ; and (2) a categorical challenge "that an entire class of sentences is unconstitutionally disproportionate given the severity of the sentence, the gravity of the crime, and the type of offender." United States v. Williams , 636 F.3d 1229 , 1233 (9th Cir. 2011).

2015In concluding that attempt crimes are subject to lifetime postrelease supervision, the Barrera court engaged in the following analysis: “Our Supreme Court has adopted the Ninth Circuit Court of Appeals’ position in United States v. Williams, 636 F.3d 1229, 1233 (9th Cir.), cert. denied 132 S. Ct. 188 (2011), in which the Ninth Circuit examined a categorical challenge to a sentence of lifetime postrelease supervision for a conviction of receipt of child pornography: “ ‘ ‘[Ojbjective indicia’ suggest that society is comfortable with lifetime sentences of supervised release for sex offenders, as

2017Gleason's narrower class of offender based on the facts of his crime "is so case- specific it seems to obliterate the distinction between the two categories of analysis: (1) a case-specific analysis that 'would allow courts to account for factual differences between cases' and (2) a categorical analysis." Mossman, 294 Kan. at 928 (quoting Graham v. Florida, 560 U.S. 48, 77 , 130 S. Ct. 2011 , 176 L.

2015In concluding that attempt crimes are subject to lifetime postrelease supervision, the Barrera court engaged in the following analysis: “Our Supreme Court has adopted the Ninth Circuit Court of Appeals’ position in United States v. Williams, 636 F.3d 1229, 1233 (9th Cir.), cert. denied 132 S. Ct. 188 (2011), in which the Ninth Circuit examined a categorical challenge to a sentence of lifetime postrelease supervision for a conviction of receipt of child pornography: “ ‘ ‘[Ojbjective indicia’ suggest that society is comfortable with lifetime sentences of supervised release for sex offenders, as

2020See State v. Cervantes-Puentes, 297 Kan. 560, 566 , 303 P.3d 258 (2013) (declining to consider a purported categorical claim that, in reality, presents a case-specific proportionality challenge to a term-of-years sentence, citing cases).

2020See State v. Cervantes-Puentes, 297 Kan. 560, 566 , 303 P.3d 258 (2013) (declining to consider a purported categorical claim that, in reality, presents a case-specific proportionality challenge to a term-of-years sentence, citing cases).

2020But Judge Tom Malone wrote a separate concurring opinion, suggesting that Kansas courts should reject a per se rule of a categorical link between an arrest for DUI and the right to search the driver's vehicle. 49 Kan.

2020Gomez, 290 Kan. at 866 ; see Dull, 302 Kan. at 39 (addressing categorical proportionality claim for first time on appeal).

2018See Skinner v. Railway Labor Executives' Assn. , 489 U.S. 602 , 619, 109 S.Ct. 1402 , 103 L.Ed.2d 639 (1989) ("What is reasonable, of course, 'depends on all of the circumstances surrounding the search or seizure and the nature of the search and seizure itself.' ") (quoting United States v. Montoya de Hernandez , 473 U.S. 531 , 537, 105 S.Ct. 3304 , 87 L.Ed.2d 381 [ (1985) ] ); *470 State v. Wilson , No. 115,554, 2017 WL 3444509 , at *3 (Kan.

2018See Skinner v. Railway Labor Executives' Assn. , 489 U.S. 602 , 619, 109 S.Ct. 1402 , 103 L.Ed.2d 639 (1989) ("What is reasonable, of course, 'depends on all of the circumstances surrounding the search or seizure and the nature of the search and seizure itself.' ") (quoting United States v. Montoya de Hernandez , 473 U.S. 531 , 537, 105 S.Ct. 3304 , 87 L.Ed.2d 381 [ (1985) ] ); *470 State v. Wilson , No. 115,554, 2017 WL 3444509 , at *3 (Kan.

2018See Skinner v. Railway Labor Executives' Assn. , 489 U.S. 602 , 619, 109 S.Ct. 1402 , 103 L.Ed.2d 639 (1989) ("What is reasonable, of course, 'depends on all of the circumstances surrounding the search or seizure and the nature of the search and seizure itself.' ") (quoting United States v. Montoya de Hernandez , 473 U.S. 531 , 537, 105 S.Ct. 3304 , 87 L.Ed.2d 381 [ (1985) ] ); *470 State v. Wilson , No. 115,554, 2017 WL 3444509 , at *3 (Kan.

2018See Skinner v. Railway Labor Executives' Assn. , 489 U.S. 602 , 619, 109 S.Ct. 1402 , 103 L.Ed.2d 639 (1989) ("What is reasonable, of course, 'depends on all of the circumstances surrounding the search or seizure and the nature of the search and seizure itself.' ") (quoting United States v. Montoya de Hernandez , 473 U.S. 531 , 537, 105 S.Ct. 3304 , 87 L.Ed.2d 381 [ (1985) ] ); *470 State v. Wilson , No. 115,554, 2017 WL 3444509 , at *3 (Kan.

2017A lone dissenter would have imposed a categorical rule, based on the statute of frauds, finding such a deed void. 28 Cal. 4th at 679-80 (Kennard, J., dissenting).

2017A lone dissenter would have imposed a categorical rule, based on the statute of frauds, finding such a deed void. 28 Cal. 4th at 679-80 (Kennard, J., dissenting).

2016Schmerber, 384 U.S. at 767-68 (“[W]e write on a clean slate.”).

2016See State v. Fierro, 2014 S.D. 62 , 853 N.W.2d 235 (recognizing a drivers right to withdraw consent and holding that if a driver does so the consent exception to warrant requirement cannot justify blood alcohol testing, and also concluding that the special needs exception to the warrant requirement does not apply in the DUI context); State v. Villarreal, 2014 WL 6734178 (Tex. Crim. 2014) (analyzing each warrant exception and concluding none could be applied categorically to DUI testing), opinion on denial of rehearing 475 S.W.3d 784 , (Tex. Crim. 2015).

2016See State v. Fierro, 2014 S.D. 62 , 853 N.W.2d 235 (recognizing a drivers right to withdraw consent and holding that if a driver does so the consent exception to warrant requirement cannot justify blood alcohol testing, and also concluding that the special needs exception to the warrant requirement does not apply in the DUI context); State v. Villarreal, 2014 WL 6734178 (Tex. Crim. 2014) (analyzing each warrant exception and concluding none could be applied categorically to DUI testing), opinion on denial of rehearing 475 S.W.3d 784 , (Tex. Crim. 2015).