Category: Sentencing
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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 postconviction 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 …
Updated on September 10, 2024
Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing
State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) 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 …
Updated on September 10, 2024
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …
Updated on September 10, 2024
Courts Don’t Have to Explain Denials of Downward Departures
State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica’s law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot …
