Tag: sentencing
Updated on September 10, 2024
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 …
Updated on September 10, 2024
Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing
State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the …
Updated on September 10, 2024
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …
Updated on September 10, 2024
Courts Don’t Have to Explain Denials of Downward Departures
State v. Powell, No. 115,457 (Kan. Aug. 24, 2018). Issue: Jessica’s law imposes specific sentences for sex crimes against minors. The court may lessen the sentence if it finds substantial and compelling reasons to do so. However, it cannot …
