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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 and appealed his sentence in January 2019. The…
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 sanctioned Chardon to serve 60 days…
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 the defendant’s accepting responsibility for his…
Kansas’s Omnibus Criminal Justice Bill SB 18 Expands Definition of Person Felony for Criminal History Score
Andi LeuszlerAndi is a 3L at the University of Kansas School of Law. She attended the University of Kansas for her Bachelor’s degree, where she studied Microbiology and Political Science. Andi is a Comments Editor on the Kansas Law Review, and also a council member on the KU Law Moot Court and Mock…
Reintroducing LGBT Rights in Kansas
Emily LeikerEmily is a 3L at the University of Kansas School of Law. Emily received her Bachelor of Arts in Tourism and Hospitality Management from Fort Hays State University. Professionally, Emily is interested in public interest work and employment law. Outside of law school, Emily enjoys…
Introducing the Kansas Law Review Forum
The Kansas Law Review is pleased to announce the launch of the University of Kansas Law Review Forum. The Forum will provide timely reactions to recent legal developments. The goal of the Forum is to provide readers with timely content about recent legal developments, written monthly by…
Evidence Found After Discovery of Outstanding Warrant During Welfare Stop is Inadmissible
State v. Manwarren, No. 119,520 (Kan. Ct. App. Apr. 12, 2019)Issue: Unconstitutionally-obtained evidence should be suppressed unless the connection between the evidence and the constitutional violation is too attenuated. Law enforcement officers encountered Richard Manwarren during a welfare check…
No Appeal for the Imposition of Adult Sentences on Juveniles Who Violate Terms of Conditional Release
In the Matter of J.S.P., No. 118,790 (Kan. Ct. App. Mar. 15, 2019).Issue: Does a court have jurisdiction over a juvenile offender’s appeal from the revocation of a juvenile sentence and the imposition of an extended juvenile jurisdiction proceeding (“EJJP”) stayed adult sentence?Answer: No. …
Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing
State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) [pdf]Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the sentence, while addressing the illegal portion of a sentence?Answer:…
Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed
State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019)Issue: Some offenders qualify for post-conviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of his criminal history—received a sentence…