Category: Statutory Interpretation
Updated on December 21, 2019
Lifetime Registration of Juvenile Sex Offenders Found Constitutional
State v. N.R., No. 119,796 (Kan. App. Sept. 27, 2019). Issue: The Kansas Offender Registration Act (KORA) requires lifetime registration as a sex offender for juveniles convicted of severity level 1 felonies. N.R. was convicted of rape when he was …
Updated on December 21, 2019
An Untimely Appeal Under 28 U.S.C. § 2255
United States v. Salazar, No. 19-1119 (10th Cir. Aug. 16, 2019). Issue: Defendants may appeal a sentence under 28 U.S.C. § 2255 but, with limited exceptions, must do so within one year. The defendant was sentenced on March 20, 2017 …
Updated on December 21, 2019
Time in Jail Awaiting Sanction Should be Credited Toward That Sanction
State v. Chardon, No. 119464 (Kan. Ct. App. Aug. 23, 2019). Issue: Defendant Christian Chardon was arrested for violating probation. Unable to make bond, he was in jail for 65 days awaiting his disposition hearing. At the hearing, the court …
Posted on November 19, 2018
Violations of Broader Municipal DUI Ordinances Don’t Count Under § 8-1567(i)
State v. Gensler, No. 112,523 (Kan. Aug. 10, 2018). 423 P.3d 488 Issue: K.S.A. § 8-1567(i) provides harsher penalties for people with multiple DUI convictions. However, municipal DUI convictions do not count towards the harsher penalties if the municipal …
Category: Statutory Interpretation Tags: alcohol, broader, categorical, drinking, driving, dui, dwi, interpretation, K.S.A. 8-1567, modified, punishment, sentecing, statutory, vehicle, wichita
