Month: April 2020

Social Distancing Forces Modernization of Kansas Notary Laws

Disclaimer: Executive Order No. 20-20 authorizes virtual notarizations until May 1, 2020, or until the State of Disaster Emergency related to COVID-19 expires in Kansas, whichever is earlier. On April 15, 2020, however, Governor Kelly signed Executive Order …

Criminal History Calculations with Prior In-State Convictions

State v. Coleman, No. 115,293 (Kan. Apr. 3, 2020) Issue: When calculating criminal history with prior in-state convictions committed before Kansas Sentencing Guidelines reform, does the Wetrich “identical-or-narrower” test apply? Answer: Yes.  The elements of the prior in-state …

Voting in Kansas Under COVID-19: How a 2019 Elections Bill Could Offer Protections

Governor Kelly signed into law amendments to the election process in Kansas on April 15, 2019. [efn_note] http://www/kslegislature.org/li/b2019_20/measures/SB130/. [/efn_note] The law expands certain protections to voters who vote by advance ballot and increases access to polling places. [efn_note] …

Court Videoconferencing and Deadline Extensions

2020 Kan. Sess. Laws Ch. 4 (S.B. 102) Summary: The House Substitute for Senate Bill 102 allows the Chief Justice of the Kansas Supreme Court to extend any statutory deadline and to authorize video conferences in any court …

A Taser is a Deadly Weapon

State v. Carter, No. 116,223 (Kan. Mar. 6, 2020). Issue: Is a taser a “deadly weapon” within the meaning of Kan. Stat. Ann. § 22-4902(e)(2)? Answer: Yes, a taser is a “deadly weapon” because a taser could be …

Payment Plans for Restitution

State v. Roberts, No. 120,377 (Kan. Ct. App. Feb. 21, 2020). Issue: Did the district court illegally sentence a defendant by failing to establish a payment plan when ordering her to pay restitution? Answer: Yes, the plain language …

Knowingly and Fairly Made Pleas

State v. Terning, No. 119,904 (Kan. Ct. App. Feb. 20, 2020). Issue: Under a motion to withdraw, is a plea knowingly and fairly made when the possible sentence term was mathematically different from the corrected sentence term? Answer: Yes, a …