Month: September 2019

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Updated on September 10, 2024

An Untimely Appeal Under 28 U.S.C. § 2255

United States v. Salazar, No. 19-1119 (10th Cir. Aug. 16, 2019). Issue: Defendants may appeal a sentence under 28 U.S.C. § 2255 but, with limited exceptions, must do so within one year.  The defendant was sentenced on March 20, 2017 …

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Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , , ,

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Updated on September 10, 2024

Time in Jail Awaiting Sanction Should be Credited Toward That Sanction

State v. Chardon, No. 119464 (Kan. Ct. App. Aug. 23, 2019). Issue: Defendant Christian Chardon was arrested for violating probation.  Unable to make bond, he was in jail for 65 days awaiting his disposition hearing.  At the hearing, the court …

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Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , , , ,

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Updated on September 10, 2024

Acceptance of Responsibility Sufficient for Dispositional Departure

State v. Morley, No. 120, 017 (Kan. Ct. App. Aug. 16, 2019). Issue: A district court may consider a defendant’s acceptance of responsibility as a mitigating factor to warrant dispositional departure if the court articulates that reason. Does …

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Category: Kansas Criminal Procedure Survey, Sentencing Tags: , , , , ,

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Updated on September 10, 2024

Kansas’s Omnibus Criminal Justice Bill SB 18 Expands Definition of Person Felony for Criminal History Score

Individuals who committed prior crimes out-of-state may now face harsher sentences than if they committed those crimes in Kansas under Senate Bill 18 which passed in May 2019. Kansas recently amended sentencing statutes in the Omnibus Crimes, Punishment, …

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