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Supreme Court releases for May 31, 2019

31 May 2019 3:04 PM | Tiffany Fisher (Administrator)

The Kansas Supreme Court released the following published decisions today:

Appeal No. 113,828: State of Kansas v. Anthony S. Smith

Archived oral argument video 

Smith filed a motion for jail credit, alleging he was entitled to nearly 18 months' credit against his prison sentence for time spent in custody while awaiting sentencing. A Sedgwick County district judge denied his motion. The Court of Appeals affirmed, finding Smith's motion had not established a jurisdictional basis for the motion. On review of that decision, the Supreme Court also affirmed. The court held Smith waived some arguments by failing to raise them in his petition for review and also failed to allege a clerical error in his motion for jail credit. These failures meant he failed to establish a jurisdictional basis for his motion to be considered.    

Appeal No. 117,788: State of Kansas v. Cameron Lee Johnson

Archived oral argument video

The Supreme Court affirmed in part and vacated in part Johnson's sentences resulting from his no contest plea to felony murder, aggravated kidnapping, aggravated assault, and criminal possession of a firearm. The court affirmed a Montgomery County district judge's imposition of consecutive sentences on the felony murder and aggravated kidnapping counts but vacated other portions of the sentence that did not comply with Kansas law.

Appeal No. 119,170: State of Kansas v. Christopher Shane Douglas 

Summary calendar; no oral argument

The Supreme Court affirmed a Court of Appeals decision dismissing and remanding the criminal case against Douglas for possession of a controlled substance and possession of drug paraphernalia. Douglas filed a motion to suppress the evidence collected by the police. At a hearing on the motion, a Reno County district judge suppressed the evidence but incorrectly said no description of the evidence was provided. A majority of a Court of Appeals panel reversed the district judge's decision and remanded with instructions to deny Douglas' motion to suppress The Supreme Court affirmed the decision of the Court of Appeals but changed the instructions on remand. The court instructed the district judge to review the record and make a decision based on a corrected understanding of the evidence.

Appeal No. 120,818: In the Matter of Pamela J. Thompson 

Archived oral argument video

The Supreme Court disbarred Thompson, of Wichita. The court adopted findings of fact and conclusions of law from a disciplinary hearing panel that heard testimony establishing Thompson's misconduct. The disciplinary hearing panel found Thompson violated the Kansas Rules of Professional Conduct governing the safekeeping of property; conduct involving dishonesty, fraud, deceit, or misrepresentation; and conduct prejudicial to the administration of justice

Kansas Court of Appeals decisions released today


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