Category: Statutory Interpretation
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 …
Updated on August 25, 2020
“Knife” Definition Declared Unconstitutionally Vague
Author: Emily Otte, Executive Comments Editor State v. Harris, No. 116,515, (Kan. July 17, 2020) Issue: In Kansas, it is illegal for a convicted felon to possess a knife. A knife is defined in Kan. Stat. Ann. 2019 …
Updated on July 20, 2020
Where Mental Culpability Not Required, Voluntariness Still Relevant to the Actus Reus Requirement
Author: Shelby Sternberg, Comments Editor State v. Dinkel, No. 113,705 (Kan., June 12, 2020) Issue: K.S.A. 21-5503(a)(3) has no requirement for mental culpability for rape when it involves sexual intercourse with a child under 14, which is unique …
Updated on April 9, 2020
A Taser is a Deadly Weapon
State v. Carter, No. 116,223 (Kan. Mar. 6, 2020). Issue: Is a taser a “deadly weapon” within the meaning of Kan. Stat. Ann. § 22-4902(e)(2)? Answer: Yes, a taser is a “deadly weapon” because a taser could be …
Updated on June 2, 2020
Payment Plans for Restitution
State v. Roberts, No. 120,377 (Kan. Ct. App. Feb. 21, 2020). Issue: Did the district court illegally sentence a defendant by failing to establish a payment plan when ordering her to pay restitution? Answer: Yes, the plain language …
