Legal Opinion
State v. R.W.
Court of Appeals of Kansas
Decided April 10, 2020No. 120854PublishedCited by 2 opinions
1Opinion of the Court
No. 120,854 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. R.W., Appellee. SYLLABUS BY THE COURT 1. The Fifth Amendment to the United States Constitution protects an individual's right against self-incrimination. This right is extended to the states through the Fourteenth Amendment. The Kansas Legislature has codified the right against self-incrimination in K.S.A. 60-460(f). 2. The touchstone consideration in cases involving issues of self-incrimination is voluntariness. The burden is on the State to prove—by a preponderance of the evidence—that confessions or…
2Cases cited20 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- In Re GAULTSupreme Court of the United States · 1967
- Malloy v. HoganSupreme Court of the United States · 1964
- Yarborough v. AlvaradoSupreme Court of the United States · 2004
- Chavez v. MartinezSupreme Court of the United States · 2003
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3Cited by2 opinions
- State v. G.O.Supreme Court of Kansas · 2024
- State v. SuiterCourt of Appeals of Kansas · 2020