Michael Kaye Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"When Can a Second State Misdemeanor Drug Conviction Count as Felony Recidivist Drug Possession under the Immigration and Nationality Act?" 37:6 Preview of United States Supreme Court Cases 285 (March 22, 2010).

"Under What Circumstances Does an Employee Fraudulently Deprive an Employer of Honest Service under 18 U.S.C. 1346" 37:5 Preview of United States Supreme Court Cases 217 (February 22, 2010).

"When Can an Appellate Court Take Notice of a Forfeited Ex Post Facto Claim as Plain Error?" 37:5 Preview of United States Supreme Court Cases 239 (February 22, 2010).

"How Does a Court Decide When Jury Venire Selection Violates the Fair-Cross-Section Requirement?" 37:4 Preview of United States Supreme Court Cases 193 (January 11, 2010).

"What are the Elements of the Crime of Honest Services Fraud under 18 U.S.C. 1346?" 37:3 Preview of United States Supreme Court Cases 150 (November 30, 2009).

"When Does a Break in a Suspect's Custody Limit the Exclusionary Rule of Edwards v. Arizona?" 37:1 Preview of United States Supreme Court Cases 52 (October 5, 2009).

"What are the Culpability Requirements under the Identity Theft Penalty Enforcement Act?"36:5 Preview of United States Supreme Court Cases 323 (February 23, 2009).

"When May a Defendant Be Impeached with Statements Secretly Obtained in Violation of His Right to Counsel?" 36:4 Preview of United States Supreme Court Cases 234 (January 12, 2009).

"When Can a State Court Refuse to Hear a Federal Claim?" 36:3 Preview of United States Supreme Court Cases 200 (December 1, 2008).

"When are Prosecutors Entitled to Absolute Immunity from Civil Suits Alleging Brady Violations?" 36:2 Preview of United States Supreme Court Cases 98 (November 3, 2008).

"May a District Court Deviate from the Sentencing Guidelines Without First Notifying the Parties?" 35:7 Preview of United States Supreme Court Cases 338 (April 14, 2008).

"May an Appeals Court Sua Sponte Modify a Judgment In Favor of a Non-Cross-Appealing Party?" 35:7 Preview of United States Supreme Court Cases 333 (April 14, 2008).

"May States Adopt a Higher Competence Standard for Self-Representation at Trial than Competence for Standing Trial?" 35:6 Preview of United States Supreme Court Cases 257 (March 17, 2008).

"When Does a Company's Standard Document Destruction Policy Become Criminal Witness Tampering?" 2004-2005:7 Preview of United States Supreme Court Cases 405 (April 18, 2005).

"When Can a Judge Revoke a Mid-Trial Order of Acquittal Without Violating the Double Jeopardy Clause?" 2004-2005:3 Preview of United States Supreme Court Cases 169 (November 29, 2004).

"When Can an Arrest Be Upheld Even After the Grounds Given by the Arresting Officer Prove Unfounded?" 2004-2005:2 Preview of United States Supreme Court Cases 93 (November 1, 2004).

"When is a Violation of Rule 11(e) of the Federal Rules of Criminal Procedure Reversible Error?" 2003-2004:7 Preview of United States Supreme Court Cases 424 (April 12, 2004).

"When Can the Police Search a Car's Passenger Compartment as an Incident to the Driver's Arrest?" 2003-2004:6 Preview of United States Supreme Court Cases 323 (March 15, 2004).

"Should a Court Consider a Juvenile Suspect's Age and Experience When Deciding if Police Questioning is Custodial under Miranda?" 2003-2004:5 Preview of United States Supreme Court Cases 271 (February 16, 2004).

"Must Courts Advise Pro Se Defendants of the Specific Risks of Not Having a Lawyer?" 2003-2004:4 Preview of United States Supreme Court Cases 225 (January 5, 2004).

"Does the Deliberate Withholding of Miranda Warnings Before Questioning Bar Later Admissions After the Suspect Has Been Mirandized?" 2003-2004:3 Preview of United States Supreme Court Cases 152 (November 28, 2003).

"When May the Police Arrest All the Occupants of a Vehicle in Which Drugs are Found?" 2003-2004:2 Preview of United States Supreme Court Cases 62 (October 31, 2003).

"When Should a Judge's Decision to Re-label a Post-Conviction Motion Bar a Subsequent Habeas Petition?" 2003-2004:1 Preview of United States Supreme Court Cases 36 (September 29, 2003).

"When Will Retroactively Changing a Statute of Limitations Violate the Ex Post Facto Clause?" 2002-2003:6 Preview of United States Supreme Court Cases 386 (March 21, 2003).

"Can the Police Coerce a Suspect's Confession so Long as It Is Not Used at Trial?" 2002-2003:3 Preview of United States Supreme Court Cases 182 (November 29, 2002).

"Do Federal Courts Have the Authority to Restore a Felon's Right to Possess a Gun?" 2002-2003:1 Preview of United States Supreme Court Cases 26 (September 30, 2002).

"Who Decides Whether a Fact Requiring a Mandatory Minimum Sentence Is True?" 2001-2002:6 Preview of United States Supreme Court Cases 335 (March 13, 2002).

"When Can a Housing Agency Evict a Tenant for the Drug Related Activity of Others?" 2001-2002:5 Preview of United States Supreme Court Cases 262 (February 13, 2002).

"When Will a State Petition for Collateral Relief Toll the Statute of Limitations for Federal Habeas?" 2001-2002: 5 Preview of United States Supreme Court Cases 283 (February 13, 2002).

"Must an Inmate Bringing a Claim for Excessive Force Exhaust Available Administrative Remedies?" 2001-2002:4 Preview of United States Supreme Court Cases 203 (January 2, 2002).

"Can a Court Hold That Some Facts Are Not Suspicious as a Matter of Law?" 2001-2002:3 Preview of United States Supreme Court Cases 160 (November 19, 2001).

"Kansas Diversion: Will Courts Become More Involved?," 56 J. Kan. B.A. 6-15 (1987).

Coauthored, "Trial de Novo: An Attitudinal Profile of Two - Tiered Lower Criminal Courts," 10 L. & Psychology Rev. 19 (1986).

Coauthored, "Legal and Psychological Implications of DWI Roadblocks: Emotional Reaction to Roadblock Scenarios," 36 Psychological Rec. 3 (1986).

Coauthored, "An Attitudinal Study of Kansas' Two-Tier Trial System," 54 J. Kan. B.A. 212 (1985).

Books and Monographs

"DWI Roadblocks: The Legislator's Turn." Part of a monograph published by the American Bar Association Criminal Justice Section (January 1986).

Book Reviews

Book Review, "Free Congress Research and Education Foundation Criminal Justice Reform; a Blueprint Reviewed". 21 Crim. L. Bull. 92 (1985).

Book Review, "Rights on Trial," 49 Sci. & Soc. 494. A Juried Publication of City University of New York (1985).

Book Review, "Criminal Justice Reform: A Blueprint," 21 Crim. L. Bull. 92 (1985).

Other Publications

"Criminal Code," Vernon's Kansas Statutes Annotated, Volumes 10-11, annual supplements, 2002-2008. (Thomson/West).

"Code of Criminal Procedure," Vernon's Kansas Statutes Annotated, Volumes 12-13, annual supplements, 2002-2008. (Thomson/West).

Defending Misdemeanor and City Ordinance Violation Cases, Washburn University, Fall 1992.

Recent Developments in the Criminal Law in Kansas, Washburn Law School, Spring 1992.

Environmental Law Crimes, Faculty Lecturer, Washburn Law School, Fall 1992.

Misdemeanor Defense and De Novo Trial Practice, Washburn Law School, Fall 1992.

DUI Defense Institute organized and presented Ethics section, Washburn Law School, Winter 1992.

Presentations

Panelist, "Cars, Cops, and Traffic Stops: Who's Right?," Dorothy L. Thompson Civil Rights Lecture Series, Kansas State University, Manhattan, Kansas, October 12, 2010.

Moderator, "Guns on Campus? The New Understanding of the Right to Bear Arms," A Dialogue, Discussion, and Debate sponsored by the Dorothy L. Thompson Civil Rights Lecture Series in celebration of Constitution Day, Kansas State University, Manhattan, Kansas, September 16, 2009.

Moderator, "Innovations in Timing, Structure, and Delivery of Jury Instructions," Writing to Win: Plain Language Jury Instructions, Washburn University School of Law (Topeka, Kansas), April 7, 2008.

Addressed the Papan's Landing Senior Center on the Impeachment Controversy. January, 1999.

Search and Seizure Seminar (Overland Park, Topeka, Wichita), November, 1998. presenter.

Addressed the Kansas Judicial Association on a recent study of jury behavior and participated in a panel discussion concerning the study. August, 1998.

Litigation Institute (Washburn Law School). July, 1998, presenter and coordinator.

Criminal Law and Criminal Procedure Update (Washburn law School). June 1998.

DUI Institute (Washburn Law School). May 1998, coordinator.

National Institute for Trial Advocacy, Midwest Regional Program, Northwestern University Law School. March, 1998.

Media Interviews

Quoted, "Brownback's Running Mate Keeping Mum on Loan to Campaign," The Wichita Eagle (October 29, 2014).

Quoted, "Capital Murder Defendant Has Filed Court Pleadings for Two Other Defendants," CJOnline / The Topeka Capital-Journal (April 27, 2014).

Quoted, "Defendant Alleges Poor Counsel in Capital Trial," CJOnline / The Topeka Capital-Journal (December 22, 2008).