Buck v. Dibble

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging Stone and reviewing totality of circumstances bearing on defendant’s confession to find it voluntary
• finding error not harmless under K.S.A. 2013 Supp. 60-261 where district court applied wrong statutory factors in ruling on departure motion
• remanding for resentenc-ing where there was a “reasonable probability” district court might have given different weight to sentencing factors if it had correctly applied the law
• when challenged, the prosecution must prove by a preponderance of the evidence the voluntariness of a defendant’s statement to a law enforcement officer
• “[I]t is well established that low intelligence alone does not preclude a finding that an accused knowingly and voluntarily waived his or her Miranda rights.”
• nonexclusive list of mitigating circumstances in Jessica's Law controls over statutory list of mitigating factors generally applicable under sentencing guidelines

Source: CourtListener parenthetical corpus (CC0).