Category: Sentencing
Updated on November 16, 2024
But Did the Jury Know? The Kansas Supreme Court’s Narrow Interpretation of “Proper” Defensive Admissions When Determining Criminal Punishment
State v Nunez, No. 125,141 (Kan. Aug. 30, 2024). Author: Madi Stapleton, Staff Editor Issue: Can a sentencing court rely on a defendant’s admission to increase his or her sentence when the facts contained in the admission were never presented …
Updated on September 10, 2024
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations …
Updated on September 10, 2024
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. …
Updated on September 10, 2024
Court of Appeals Greenlights Legislature on Severe Punishments for Failing to Register
State v. Genson, No. 121,014, (Kan. Ct. App., Dec. 18, 2020). Author: Ryan Gordon, Associate Editor Issue: Is the Kansas Offender Registration Act (KORA) unconstitutional because it criminalizes failure to register as a level six person felony without …
