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The Supreme Court affirmed the district court’s summary dismissal of Appellant’s Kan. Stat. Ann. 60-1507 motion asserting that the 2006 amendments to the Kansas Offender Registration Act (KORA) constituted punishment under the Ex Post Facto Clause so that they could not be retroactively applied to him. The district court denied the motion on the grounds that caselaw has established that the KORA registration requirement does not impose punishment. The court of appeals affirmed. The Supreme Court affirmed the district court’s decision, albeit for a different reason, holding that Appellant failed to show manifest injustice. View "Hayes v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the decisions of the district court denying Appellant’s presentence motion to withdraw plea as well as his request to appoint new counsel connected with the requirement that Appellant register as a drug offender pursuant to the Kansas Offender Registration Act (KORA). On appeal, Appellant argued, in essence, that retroactively requiring him to register violated the Ex Post Facto Clause of the United States Constitution. The Supreme Court held that KORA’s registration requirements as applied to drug offenders are not punishment and subject to the limitations of the Ex Post Facto Clause, and therefore, the district court properly disposed of Appellant’s request. View "State v. Richardson" on Justia Law

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The Supreme Court reversed the decisions of the court of appeals and district court and vacated Defendant’s convictions, holding that this court could not determine from the record whether the district judge examined any unreasonable “use” of race in the traffic stop of Defendant, which is the conduct prohibited by Kan. Stat. Ann. 22-4609, as opposed to examining whether Defendant’s race was the ultimate “cause” of the traffic stop. The district judge denied Defendant’s motion to suppress. Before the Supreme Court, Defendant argued that a law enforcement officer violated section 22-4609, the biased-police policing statute, in stopping him for a traffic infraction and that this violation required suppression of the evidence obtained during the traffic stop under Kan. Stat. Ann. 22-3216(1). The court of appeals affirmed. The Supreme Court reversed the decisions of the lower courts, holding that it could not be determined from the record whether the district court applied the correct test to Defendant’s argument that a statutory violation created a possible suppression remedy. View "State v. Gray" on Justia Law

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The Supreme Court affirmed the district court’s ruling that when a railroad quitclaimed its interest in a strip of land to the company from which Sharron Jenkins acquired her interest, the railroad deeded land it was not legally capable of deeding. Jenkins sued to quiet title to real property through which a now-abandoned railway previously ran. The property at dispute was described in an 1886 deed conveying those lots to a railroad company as part of a strip of land running through the grantors’ property along the planned railroad’s centerline. When the railroad abandoned the railway, it quitclaimed its interest in the strip to a company that later quitclaimed its own interest to Jenkins. The Supreme Court affirmed the district court’s judgment judgment, holding that the language in the 1886 deed demonstrated that the land was conveyed to the railroad for use as a right of way, and therefore, the railroad acquired only an easement, which reverted to the landowners when the railroad abandoned the right of way. Thus, the entity that deeded the lots to Jenkins based on a conveyance from the railroad had no estate to transfer to her. View "Jenkins v. Chicago Pacific Corp." on Justia Law

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The Supreme Court affirmed the decision of a panel of the court of appeals affirming Defendant’s two convictions and sentences for failure to register as require by the Kansas Offender Registration Act. The court held (1) Defendant’s argument that the registration requirements are ex post facto punishment for a drug offense Defendant committed before registration was required for such offenses was foreclosed by State v. Shaylor, 400 P.3d 177 (Kan. 2017); and (2) the complaint initiating one of the convictions was sufficient even where it failed to allege Defendant resided in the county where the State alleged he failed to register. View "State v. Scuderi" on Justia Law

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The Supreme Court affirmed the judgment of a panel of the court of appeals affirming Defendant’s conviction for failure to register as an offender under the Kansas Offender Registration Act (KORA), Kan. Stat. Ann. 22-4901 et seq. The court held (1) the charging document was sufficient to charge a KORA registration violation even where it failed to allege that Defendant resided in Kingman County; and (2) Defendant could not establish clear error requiring reversal regarding his argument that the jury instructions, which similarly failed to require the jury to find Defendant resided in Kingman County, permitted the jury to convict him without finding each element of the offense beyond a reasonable doubt. View "State v. Sayler" on Justia Law

Posted in: Criminal Law

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The State did not meet its burden of showing that Senate Bill 19 meets the adequacy and equity requirements set forth in Kan. Const. art. VI, 6(b). S.B. 19 was remedial legislation passed by the legislature in an attempt to bring the State’s education financing system into compliance with Article 6. In one of the four previous decisions by this court in this case, the Supreme Court issued a mandate for the State to create a school funding system that complies with Article 6 of the Kansas Constitution. The Supreme Court held that although S.B. 19 makes positive strides, the State’s public education financing system passes neither the test for adequacy nor the test for equity. As a remedy, the Supreme Court stayed the issuance of its mandate until June 30, 2018, at which time the State will have to satisfactorily demonstrate that its proposed remedy brings the State’s education financing system into compliance with Article 6 regarding adequacy and equity. View "Gannon v. State" on Justia Law

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The Supreme Court affirmed Defendant’s convictions arising from his participation in two interconnected felony murders that were consolidated for trial. The two homicides were tied together by Defendant’s involvement, drug-related violence, and shared evidence. The court held (1) the trial court did not err in refusing to suppress Defendant’s statements to police because the warnings given to Defendant, in their totality, reasonably conveyed Defendant’s right to counsel as required by Miranda; (2) the evidence was sufficient to support Defendant’s convictions; and (3) the instructions given to the jury were not clearly erroneous. View "State v. Brown" on Justia Law

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The Supreme Court reversed Defendant’s convictions on two count of identity theft, holding that Defendant’s prosecution was preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). The convictions arose from Defendant’s act of using another person’s Social Security number to obtain employment. In reversing Defendant’s convictions, the Supreme Court relied on State v. Garcia, __ P.3d __ (this day decided), which held that prosecutions such as the one in this case are expressly preempted by IRCA, and held that Defendant’s prosecution based on use of a Social Security number belonging to another person to obtain employment was expressly preempted by IRCA. View "State v. Ochoa-Lara" on Justia Law

Posted in: Criminal Law

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The Supreme Court reversed Defendant’s convictions on one count of identity theft and two counts of making a false information for using another person’s Social Security number to obtain restaurant employment, holding that Defendant’s prosecution based on his use of a Social Security number belonging to another person for employment was expressly preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a(b)(5). In reversing Defendant's convictions, the court relied on State v. Garcia, __ P.3d __ (this day decided), which held that state prosecutions such as the one in this case are expressly preempted by IRCA. View "State v. Morales" on Justia Law