Tag: statutory interpretation

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Updated on May 1, 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 …

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Posted on April 19, 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.  …

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Posted on April 15, 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 …

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Posted on April 11, 2024

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.  …

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Posted on September 1, 2023

$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.

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Updated on September 8, 2020

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 …

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Updated on December 21, 2019

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 …

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Updated on December 21, 2019

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 …

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