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Updated on September 10, 2024

There Is No Review of the Evidence Surrounding Prior Out-of-State Convictions When Determining Criminal History

Author: Randall Willnauer, Staff Editor State v. Gales, No. 119,302 (Kan. Dec. 4, 2020) Issue: Kansas courts score a defendant’s prior criminal history by determining, in part, whether a defendant’s out-of-state offenses were person or nonperson felonies. This …

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Category: Kansas Criminal Procedure Survey, Sentencing Tags: , , , , , , ,

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Updated on September 10, 2024

Is Anyone Home? Dwelling Definition Reverses Burglary Conviction

State v. Downing, No. 116,629 (Kan. Jan. 24, 2020). Issue: Does a house meet the definition of “dwelling” for the purposes of Kan. Stat. Ann. § 21-5807(a)(1) if the house is uninhabited at the time of a burglary …

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Category: Kansas Criminal Procedure Survey, Statutory Interpretation Tags: , , , ,

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