Tag: statutory interpretation
Updated on February 10, 2025
How Would You Like to Pay? Kansas Court of Appeals Holds That a Defendant Cannot Be Ordered to Use a Specific Asset to Pay Restitution
Kansas v. Smith, No. 126,038, 2025 WL 350217 (Kan. Ct. App. Jan. 31, 2025). Author: Michael Moore, Staff Editor Issue: Can a criminal defendant be ordered to assign their unrealized inheritance or change the beneficiary on their life …
Updated on January 5, 2025
Counting Lessons for Lawyers: A “Third or Subsequent” Conviction Requires a Preexisting First and Second Conviction for Drug-Crime Sentencing
State v. Bell, No. 125,770, 2024 WL 5174550 (Kan. Ct. App. Dec. 20, 2024). Author: Carson Schmidt, Staff Editor Issue: When sentencing for drug crimes, does K.S.A. § 21-6805(f)(1) use the “inclusive rule” for “third or subsequent felony [drug] …
Posted on November 16, 2024
Charges Dismissed, or Just Amended? The Answer May Cost Wrongfully Convicted Defendants
In re Wrongful Conviction of Mashaney, No. 126,550, 2024 WL 4576237 (Kan. Oct. 25, 2024). Author: Kaegan Cowan, Staff Editor Issue: In claims for wrongful conviction and imprisonment, is Kan. Stat. Ann. § 60-5004’s requirement—that “the charges [be] dismissed”—satisfied when the …
Updated on September 10, 2024
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 …
Updated on September 10, 2024
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. …
Updated on September 10, 2024
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 …