Blog Posts in 2014

Bio-metrics and iPhone Not Protected by 5th Amendment

When I purchased my iphone 6 a few weeks ago, I was initially excited about the fingerprint recognition. Rather than having to enter my passcode, I could simply apply my finger print to the button a ...
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Can You Say What You Want With Free Speech?

As both a parent of teenagers and as a criminal defense attorney, I sometimes make analogies in my discussions with my children. For example, if my daughter were to slap my son on the arm, I would ...
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Minimizing Divorce Stress On Children

Raising children is difficult in and of itself. When divorce occurs, it makes parenting that much more difficult. In fact, significant research has gone into the effects of divorces on children. Some ...
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SCOTUS Requires Warrant For Cell Phone Search

When a criminal suspect is arrested, officers often search and seize evidence and then justify it by stating it was incident to arrest. This actually oftentimes pasts muster in court. In other words, ...
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False Confessions in Sex Cases

Before I studied law or really thought through the following issue, I had a misinformed opinion regarding criminal confessions. If somebody confessed to the crime, then they surely did it! However, ...
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Kansas Appeals and Appeal Bonds

As a criminal defense lawyer, appealing convictions form a municipal court is something which I have done on numerous occasions. Usually, I am appealing cases to the Johnson County District Court from ...
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Selfie Leads to Arrest

While the 5 th Amendment protects you from incriminating yourself, some people just can't seem to help themselves. Recently, a woman posted an incriminating selfie of herself on Facebook, wearing ...
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Profanity Protected Speech

As a Kansas criminal defense attorney, I have had numerous cases where my client was being prosecuted for getting too rowdy or yelling profanity. They get charged with the ambiguous disorderly ...
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Fight Fair

As a Kansas criminal defense attorney, I have reviewed lengthy interrogations, that coerced people into saying things that weren't accurate. In fact, I have represented people who I believed were ...
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Bills NFL Cheerleaders Sue Team

The NFL cheerleaders for the Buffalo Bills recently filed a lawsuit against the team. They claim they have not been compensated fairly and have been mistreated. The suit claims that they are paid ...
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Teenager Moves Out and Sues Parents

An 18- year old high school senior is suing her parents. Rachel Canning is claiming that her parents kicked her out of their house once she turned 18, will not pay her remaining private high school ...
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SCOTUS Weakens 4th Amendment Protection

The 4 th Amendment of the United States Constitution protects the people from unreasonable searches and seizures the government. While there have been many legal battles and arguments over what is ...
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Lawyer Deemed Ineffective When Followed Judge's Ruling

In Kansas, a case can be overturned by the appeals court for numerous reasons. One of these can be if the court determines that the lawyer did an especially poor job, such that a person's ...
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New Criminal Law in Florida

In Florida, as of October 1st a law was passed that made it illegal to have someone's personal information without authorization, in any form, including digital form. A 17-year-old man from Tampa ...
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Evil Twin Defende

As a Kansas criminal defense attorney, I have used the "some other guy did it" theory at trial. However, I have not had the opportunity as a lawyer to use the "my evil twin did it" ...
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Man Receives Light Sentence After Rape of Child

A Judge in Montana is drawing quite a lot of harsh criticism for his light sentence on a rapist. The defendant in this case was a high school teacher who raped, and admitted to what had happened. He ...
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Prosecutorial Misconduct Leads to Wrongful Conviction

At 17 years old, Ryan Ferguson was wrongly accused of murdering Keith Heitholt. Keith was a sports editor for the Columbia Daily Tribune, along with his friend Charles Erickson. Erickson insisted that ...
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Man Arrested Over 1,500 Times

As a Kansas criminal defense attorney, I often see people get trapped in the system. However, a Lexington, Kentucky man brings a whole new meaning to this understanding. 64 year old Henry Early has ...
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NFL Sued Again Over Concussions

The concussion lawsuits against the NFL are not going away anytime soon as yet another has recently been filed. Javhid Best recently filed stating, that the NFL "was aware of the evidence and the ...
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Raiderettes Suing Raiders

Decades ago, my wife and I were on the cheerleading squad together for the university we attended. It is great fun, a wonderful experience, and kept me in shape. We received a small scholarship, that ...
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