Tag: Retroactivity

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Updated on December 21, 2019

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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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 …

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

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