Tag: out of state convictions

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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

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 …

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

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