Category: Statutory Interpretation

Voluntary Intoxication Not a Defense to Reckless Homicide

State v. Claerhout, No. 115,227 (Kan. Dec. 6, 2019). Issue:  (1) Did the trial court correctly admit a past diversion agreement to demonstrate a a knowledge of the dangers of driving while intoxicated? (2) Is voluntary intoxication a …

Retroactively Applying Limited Fact Finding for Out of State Prior Convictions to Illegal Sentence Challenges

State v. Gales, No. 119,302 (Kan. Oct. 4, 2019). Issue: Should limited fact finding for out of state prior convictions to illegal sentence challenges apply retroactively? Answer: Yes.  Limited fact finding for out of state prior convictions to …

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 …

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 …

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 …

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 …