Category: Statutory Interpretation
Posted on February 17, 2023
Para, Para, Para, Para, Paraphernalia: Single or Plural under Kansas Law?
Brooke Flucke, Staff Editor
Kansas Supreme Court interprets “drug paraphernalia” in K.S.A. § 21-5709(b) as plural so that there can only be a single unit of prosecution based on defendant’s intent for possession.
Updated on February 7, 2023
You’re either in or you’re out! K.S.A. § 60-455(g) is an Exhaustive List and Limits Propensity Evidence
Hailey Reed, Staff Editor
The Kansas Court of Appeals held K.S.A. § 60-455(g)’s definition of “act or offense of sexual misconduct” is exhaustive. Therefore evidence of prior acts or offenses of sexual misconduct must meet this definition to be admissible under subsection (d).
Updated on February 22, 2022
Shifting Sands: Kansas’s Criminal Sentencing Guidelines
Doug Bartel, Staff Editor State v. Terrell, No. 122,680 (Kan. Feb. 18, 2022) Issue: Does the Kansas Sentencing Guidelines Act (“the Act”), K.S.A. §§ 21-6801–6824, require courts to classify crimes as person or nonperson at the time of …
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 …
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 …
Updated on August 25, 2021
DNA Testing: Important Enough for Extended Jurisdiction and Too Important to Wait for Final Sentencing
Author: Kat Girod, Staff Editor State v. Thurber, No. 122,739, (Kan. Aug. 13, 2021). Issue: Does Kan. Stat. Ann. § 21-2512 extend a district court’s jurisdiction to consider a petition for DNA testing after the case has been …
Category: DNA Testing, Statutory Interpretation Tags: Appeal, DNA testing, evidence, final, judgment, jurisdiction, post-conviction
Updated on April 12, 2021
A Wrongful 226-Day Confinement and No Relief: The Impact of Distinguishing Juvenile Adjudications and Criminal Convictions
In re M.M., No. 121,936 (Kan. Mar. 12, 2021). Author: Chloe Ketchmark, Staff Editor Issue: Kan. Stat. Ann. § 60-5004 provides relief for wrongfully convicted and imprisoned persons. A magistrate judge wrongfully adjudicated and sentenced claimant M.M. to …
Updated on February 12, 2021
Kansas Offender Registration Act: Substantial Compliance Is Not a Defense
State v. Stoll, No. 117,081 (Kan. 2021) Author: Parker Bednasek, Staff Editor Issue: Under the Kansas Offender Registration Act (KORA), drug offenders are required to register new addresses within three days of moving. For seven years, Stoll registered …
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 …
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 …
