Category: Statutory Interpretation

Beyond Age Limits: Parental Discipline as a Defense for Parents of Majority Aged Children

State v. Andazola, No. 125,166, 2023 WL 7405069 (Kan. Ct. App. Nov. 9, 2023). Jack Atherton, Staff Editor Issue: Is the parental-discipline defense to a domestic-battery charge available when the child is 18 years old, living at home, …

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 …

$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.

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.

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).

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 …

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 …

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 …

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 …

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 …