Tag: statutory interpretation

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Updated on September 10, 2024

$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.

Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , ,

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Updated on September 10, 2024

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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Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , ,

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Updated on September 10, 2024

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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Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , , , ,

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Updated on September 10, 2024

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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Category: Kansas Criminal Procedure Survey, Sentencing, Statutory Interpretation Tags: , , , , ,

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