Category: Sentencing

Changing the Rules in the Middle of the Game: The Ex Post Facto Clause and Clarifying State v. Reese

State v. Patton, No. 120,434, (Kan. Feb. 11, 2022). Issue:  In State v. Reese, the Kansas Supreme Court held that courts should apply the version of Kansas’ DUI sentencing provisions—K.S.A. 8-1567—in effect at the time of sentencing, even …

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 …

Challenging Prior Convictions in Kansas Sentencing: Who Has the Burden, and When?

Jeremiah Kemper, Staff Editor State v. Roberts, No. 121,682, (Kan. Nov. 19, 2021) Issue: Under K.S.A. § 21-6814(c), when a defendant challenges the constitutionality of their prior convictions at or before their initial sentencing hearing, the State has …

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. …

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 …

There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History

Author: Randall Willnauer, Staff Editor State v. Gales, No. 119,302 (Kan. Dec. 4, 2020) Issue: Kansas courts score a defendant’s prior criminal history by determining, in part, whether a defendant’s out-of-state offenses were person or nonperson felonies. This …

No Retroactive Application: Probation Revocation and the 2019 Amendments

Author: Parker Bednasek, Staff Editor State v. Dominguez, No. 121,618, (Kan. Ct. App. Aug. 28, 2020) Issue: Prior to 2019, Kan. Stat. Ann. § 22-3716 (c)(1)(A)–(D)[1] required a court to impose both a jail sanction and a prison …

Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious

Author: Besty Donahue, Staff Editor State v. Vaughn, No. 121,340 (Kan. Ct. App., Aug. 14, 2020). Issue: Kan. Stat. Ann. § 21-6606(d)[1] mandates that individuals convicted of felonies while on bond release for a prior felony shall serve …

District Courts May Impose Sentences Concurrently or Consecutively When the Sentencing Occurs for Multiple Cases on the Same Day

Author: Michael Raven, Comments Editor State v. Dunham, No. 121,081 (Kan. Ct. App., July 31, 2020) Issue: Following his probation revocation, the trial court sentenced Jeremy Dunham for multiple cases on the same date. Kan. Stat. Ann. § …

Kansas Law Review blog

Mootness After Sentence Completion: A Prudential Analysis

Under Kansas law, a petitioner’s appeal to correct an illegal sentence is moot if the sentence is already complete, unless there is a collateral injury that the motion can correct.