Tag: sentencing
Updated on April 20, 2022
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 February 20, 2022
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 June 13, 2021
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 August 25, 2020
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 July 20, 2020
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 July 20, 2020
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 June 2, 2020
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 …
Updated on May 17, 2019
No Appeal for the Imposition of Adult Sentences on Juveniles Who Violate Terms of Conditional Release
In the Matter of J.S.P., No. 118,790 (Kan. Ct. App. Mar. 15, 2019). Issue: Does a court have jurisdiction over a juvenile offender’s appeal from the revocation of a juvenile sentence and the imposition of an extended juvenile …
Updated on March 11, 2019
Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed
State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019) Issue: Some offenders qualify for postconviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of …
