Tag: sentencing
Updated on September 10, 2024
Equal Protection of the Laws is Not Discretionary
Evan Bolton, Staff Editor State v. Myers, No. 123,439 (Kan. Ct. App. April 8, 2022) Issue: Does § 21-6819 of the Kansas Sentencing Guidelines Act, which allows two or more criminal cases to be consolidated for trial if …
Updated on September 10, 2024
Two Paths for Calculating Criminal History: Path of Admission Relieves State from Producing Additional Evidence
Lexi Christopher, Staff Editor State v. Corby, No. 122,584 (Kan. Jan. 21, 2022) Issue: A presentence investigation report (PSI) listed two prior convictions under K.S.A. § 8-1568. However, the PSI did not specify under which subsection the violations …
Updated on September 10, 2024
State v. Albano: Revisiting the Right to Have a Jury Consider Sentence-Enhancing Prior Convictions
Author: Dahnika Short, Staff Editor State v. Albano, No. 120,767 (Kan. May 28, 2021) Issue: Does Section 5 of the Kansas Constitution Bill of Rights guarantee the right to have a jury determine the existence of sentence-enhancing prior convictions under the Kansas Sentencing Guidelines …
Updated on September 10, 2024
District Courts May Impose Sentences Concurrently or Consecutively When the Sentencing Occurs for Multiple Cases on the Same Day
Author: Michael Raven, Comments Editor State v. Dunham, No. 121,081 (Kan. Ct. App., July 31, 2020) Issue: Following his probation revocation, the trial court sentenced Jeremy Dunham for multiple cases on the same date. Kan. Stat. Ann. § …
Updated on September 10, 2024
Kansas District Courts’ Authority to Interpret Ambiguous Jury Verdicts
Author: Ellen Bertels, Comments Editor State v. Brown, No. 115,817 (Kan. June 5, 2020). Issue: Can a district court invoke the surplusage rule and discard part(s) of a jury verdict form when the form incorrectly lists the crimes …
Updated on September 10, 2024
Mootness After Sentence Completion: A Prudential Analysis
Under Kansas law, a petitioner’s appeal to correct an illegal sentence is moot if the sentence is already complete, unless there is a collateral injury that the motion can correct.
Updated on September 10, 2024
Knowingly and Fairly Made Pleas
State v. Terning, No. 119,904 (Kan. Ct. App. Feb. 20, 2020). Issue: Under a motion to withdraw, is a plea knowingly and fairly made when the possible sentence term was mathematically different from the corrected sentence term? Answer: Yes, a …
