Tag: statutory interpretation
Updated on September 10, 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. …
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.
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 …
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 …
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 …
