Sentencing Archives - Kansas Law Review

Posted on November 13, 2023

The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition.

State v. Hopkins, No. 124,851, 2023 WL 6933634 (Kan. Oct. 20, 2023). Clayton Anderson, Staff Editor Issue: Is an award of jail-time credit limited to the time a defendant spends in custody “solely” on the charge that is …

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: Campbell, charge, Credit, Hopkins, Jail, overruled, sentence, solely, Time

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Posted on September 1, 2023

$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis

Rachel Vande Kieft, Staff Edtior
The Tenth Circuit interprets the JVTA to apply on a per-count basis.

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: JVTA, sentencing, statutory interpretation, tenth circuit

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Updated on February 20, 2022

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 …

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: sentencing; DUI; enhancing; State v. Patton; State v. Reese; Beazell v. Ohio; ex post facto

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Updated on February 20, 2022

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 …

Category: Investigation, Kansas Criminal Procedure Survey, Sentencing Tags: presentence investigation report, sentencing

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Updated on November 30, 2021

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 …

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation

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Updated on March 5, 2021

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. …

Category: Kansas Criminal Procedure Survey, Sentencing Tags: Bureau of Prisons, CARES Act, compassionate release, COVID-19, First Step Act, Moot

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Updated on January 28, 2021

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 …

Category: Kansas Criminal Procedure Survey, Sentencing Tags: KORA; Due Process; Violent Offenders; Strict Liability

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Updated on January 15, 2021

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 …

Category: Kansas Criminal Procedure Survey, Sentencing Tags: burglary, criminal history, out of state convictions, person and nonperson felony, Prior convictions, statutory ambiguity, statutory language, underlying facts

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Updated on September 17, 2020

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 …

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: jail sanction, prison sanction, probation revocation, prospective application, retroactive application, statutory change

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Updated on September 8, 2020

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 …

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: Concurrent sentencing, consecutive sentencing, mandatory consecutive sentence, statutory interpretation

Kansas Law Review

KU School of Law

Category: Sentencing

The Clock Starts Now: Kansas Supreme Court Rules Defendants are Now Entitled to Jail Time Credit for All Time They Spend Incarcerated While Their Cases are Pending Disposition.

$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis

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

Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence

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

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

Court of Appeals Greenlights Legislature on Severe Punishments for Failing to Register

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

No Retroactive Application: Probation Revocation and the 2019 Amendments

Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious

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