Recent Posts in Trial Practice Category

Alex Jones' Political Views on Trial in his Custody case-in part

Alex Jones Political Views During Custody Trial On-air radio personality and political commentator Alex Jones has been going through a custody battle with his ex-wife, Kelly Jones. The case involves ...
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Whether Or Not To Take The Stand

Whether or not the defendant should take the stand in their trial is a tough decision. It is inevitably the decision of the defendant. It is not the court’s decision or the lawyer’s ...
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Push For PBT

There are usually two separate breath tests used in a Kansas DUI investigation. One is the PBT and the other is the Intoxilyzer. The PBT test is the small portable breath test taken out in the street ...
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Kansas Subpoenas For Minors

When minors are involved in Kansas litigation, it changes numerous legal issues, such statute of limitation issues and how a case is captioned. The statute of limitations could potentially be extended ...
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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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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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Minority Report a Reality

In 2002, I watched an interesting movie entitled "Minority Report" starring tom cruise. It was about a specialized police task force, which was empowered to make arrests before they ...
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Trial Tax

Assistant District Attorneys, Federal Prosecutors, and City prosecutors are known for threatening harsher sentences if a plea is not entered. This doesn't happen all the time, but it is not ...
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Police Motto to Become "Seize and Profit?"

As a Kansas criminal defense lawyer, my passion is to defend people against prosecutors accusations and charges. However, that representation sometimes crosses over from criminal law into civil law. ...
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Boy's Eyes Ripped Out

Chinese Boy Blinded … Attacker Still on the Loose This week in Shanxi, a Chinese boy went missing while playing outside. When the boy was discovered, he was found alive, but covered in blood ...
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NFL Concussion Lawsuit To Be Settled

I've had some minimal involvement with the NFL concussion lawsuit and have been interested in the legal issues. However, it seems that the legal issues will not be decided in court, but rather be ...
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NCAA Sued Over Use of Likeness of Athletes

Soon after a recent court ruling came out, the NCAA gave EA Sports notice that they will not be redoing the contract with them for their future games. In other words, NCAA Football will now be called ...
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Issues in George Zimmerman Trial Regarding Death of Trayvon Martin

The George Zimmerman trial regarding the death of Trayvon Martin has generated an unusual amount of controversy. What do people think about this case? Please speak out and let us know your thoughts. ...
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Innocent Kansas Man Goes Free

As a criminal defense attorney, you are often handed bad facts. I often wish I could file a "Motion for New Facts." However, sometimes the defense lawyer is given great legal facts from a ...
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College student filed lawsuit because she received a poor grade.

College student filed lawsuit because she received a poor grade. My wife is a university professor at Mid America Nazarene University in Olathe, Kansas. She is considered tough, but fair. Part of her ...
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Cheetos Trail Leads to Thief

Cheetos Trail Leads to Thief When my wife and I moved in 1996, we originally stored a bunch of our personal items in an outside garage. That very night, we were burglarized. Among the things stolen, ...
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Federal Prosecutors Stick Too Big

Our legislators have so empowered the prosecutors, that many defendants and suspects are too scared to take their cases to trial, even when they are innocent. This is because of the "trial ...
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Social Media Used Against Injured At Trial

Twenty-two year old. Omiesha Daniels, sought $1.1 million in damages due to a car wreck she was in, where she lacerated and scarred her forehead and broke her arm. She claimed that the injuries from ...
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Encroachment Laws to Be Enforced in Olathe, Kansas

I have always thought it would be nice to live right next to city owned property. You would have the benefit of having extra property at your disposal right? Not exactly. Olathe is clarifying that ...
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In a Split Decision, the Kansas Supreme Court Upholds Cap Limits

Section 5 of the Kansas Constitution Bill of Rights could not be simpler or more plain: "The right to trial by jury shall be inviolate." This is clear and should be followed. The decision ...
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When do half-truths become untruths?

Occasionally, rarely, courts will illuminate, rather than obscure, the truth. In this opinion, the court of appeals articulated the best definition I have ever seen of when a half-truth becomes ...
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Jurors Acquit a "Guilty" Man

When the potential jurors arrived for trial in Harris County, Texas last week, they were asked a routine question during voir dire. The questions asked was, if the jurors believed beyond a reasonable ...
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Is the Jury Selection Process Too Invasive?

Other than hearing a verdict in favor of my client, my favorite part of trial is voir dire. This is the jury selection process. As a lawyer, it's my chance to have a conversation with the ...
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