Tag: statutory interpretation

Wherefore Art Thou Romeo? Kansas Court of Appeals Finds the Romeo and Juliet Defense Inapplicable to K.S.A. § 21-5510(a)(4)

State v. Grant, No. 126,491 (Kan. Ct. App. Sept. 13, 2024). Author: Hannah Levy, Staff Editor Issue: Does the Romeo and Juliet defense apply to attempted sexual exploitation of a minor as defined under Kan. Stat. Ann. § 21-5510(a)(4)? Answer: No.  The Romeo and …

Speak Now or Forever Hold Your Peace: Tenth Circuit Finds That a Party Must Provide Grounds to Preserve a Request for Action Under Criminal Rule 51(b)

United States v. Capps, No. 23-3095 (10th Cir., Aug. 13, 2024). Author: Remi Moeller, Staff Editor Issue: Under Federal Rule of Criminal Procedure 51(b), can a party preserve an argument for appeal by merely asking the court to take …

Breaking the Age Limit: Compensating Juveniles for Wrongful Incarceration in Kansas

Author: Drew Elizabeth Davis, Comment Editor Intro In 2018, the Kansas Legislature enacted Section 60-5004 of the Kansas Statutes, which establishes “civil action[s] for persons who were wrongfully convicted and imprisoned.”[1] The statute provides that if an individual …

Lost in Translation? Interpreters’ Out-of-Court Statements Should Be Admissible Under Kan. Stat. Ann. § 60-460(d)(1)

By: Hayley Koontz, Comment Editor I. Introduction Maria is in a hospital because she lost consciousness after her ex-boyfriend broke into her home and hit her repeatedly.  Maria provides an account of her experience to a social worker.  …

Lucky Number 13: Why Courts have Discretion to Allow Debtors to Cure Chapter 13 Arrearages after Five Years

By: Richard Weber, Comment Editor I. Intro “I, declare…bankruptcy!”[1]  In the television show The Office, paper supplies manager Michael Scott believes all that is necessary to declare bankruptcy is to verbally “declare” bankruptcy.[2]  Fortunately, one of his co-workers …

Resolving Ambiguity: Kansas Supreme Court Says “Lesser Crime” in Kan. Stat. Ann. § 21-5109(b)(2) Means “a Crime with a Lesser Penalty”

State v. Martin, No. 124,607, 2024 WL 1122666 (Kan. Mar. 15, 2024). Author: Jack Atherton, Staff Editor Issue:  Is possession of methamphetamine a “lesser included crime” of no drug-tax stamp under Kan. Stat. Ann. § 21-5109(b)(2)? Answer:  No.  …

$5,000 or $15,000? The Application of JVTA Assessment Fines on a Per-Count Basis

Rachel Vande Kieft, Staff Edtior
The Tenth Circuit interprets the JVTA to apply on a per-count basis.

Conflict or Cooperation? Mandatory Consecutive Sentencing Statutes Declared Harmonious

Author: Besty Donahue, Staff Editor State v. Vaughn, No. 121,340 (Kan. Ct. App., Aug. 14, 2020). Issue: Kan. Stat. Ann. § 21-6606(d)[1] mandates that individuals convicted of felonies while on bond release for a prior felony shall serve …

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 …

Time in Jail Awaiting Sanction Should be Credited Toward That Sanction

State v. Chardon, No. 119464 (Kan. Ct. App. Aug. 23, 2019). Issue: Defendant Christian Chardon was arrested for violating probation.  Unable to make bond, he was in jail for 65 days awaiting his disposition hearing.  At the hearing, the court …