Month: March 2021

A Wrongful 226-Day Confinement and No Relief: The Impact of Distinguishing Juvenile Adjudications and Criminal Convictions

In re M.M., No. 121,936 (Kan. Mar. 12, 2021). Author: Chloe Ketchmark, Staff Editor Issue: Kan. Stat. Ann. § 60-5004 provides relief for wrongfully convicted and imprisoned persons.  A magistrate judge wrongfully adjudicated and sentenced claimant M.M. to …

With Court’s Leave, Prosecutors May Dismiss Grand Jury Indictments

State v. Bird, No. 120,816 (Kan. Ct. App., Feb. 19, 2021). Author: Andrew Tague, Staff Editor Issue: Under Kansas common law, a prosecutor may dismiss or reduce any charge against a criminal defendant.  Kan. Stat. Ann. § 22-3015(b), …

Compassionate Release in Prisons: A Moot Point After COVID-19 Infection

Author: Noelle Daniel, Staff Editor United States v. Mendy Read-Forbes, No. 20-3104 (10th Cir., Feb. 8, 2021) Issue:  A defendant requested to be released into immediate home confinement because of the dangers she faced if she contracted COVID-19. …