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KANSAS CRIMINAL CASES 1/31/20

Posted by Adam Stolte | Jan 31, 2020 | 0 Comments

KANSAS COURT OF APPEALS

STATE V. MCKENNA, No. 119431, Scope of Public Safety Stop

Application of the Gonzalez factors supported the district court's decision not to suppress evidence because the officer's actions were motivated by a desire to render aid or assistance, rather than to investigate criminal activity.

1. An officer does not exceed the scope of a public safety stop, under the circumstances of this case, by asking for a person's name, getting a verbal response, and checking that name locally for warrants.

KANSAS SUPREME COURT

STATE V. SMITH, JR., No. 115321, 115322, 

1. Under K.S.A. 22-3602(a), a Kansas appellate court does not have jurisdiction to review a defendant's conviction from a guilty or nolo contendere plea. K.S.A. 22-3602(a) makes clear that, regardless of this prohibition, a defendant may still file a motion in the district court in accordance with the directives outlined in K.S.A. 60-1507, and appellate courts have jurisdiction to review a defendant's appeal from a ruling on such a motion.

2. One who pleads guilty or nolo contendere is not precluded by K.S.A. 22-3602(a) from taking a direct appeal from the sentence imposed.

3. A defendant who pleaded guilty or nolo contendere may still move to withdraw the plea, and the Court of Appeals has jurisdiction to review a district court's denial of that motion.

About the Author

Adam Stolte

Adam D. Stolte's journey toward becoming an attorney began when he was young. Growing up Adam always had a knack for problem-solving and researching solutions. It was this sense of curiosity and problem-solving that led to him becoming a cryptologic technician in the U.S. Navy. During his time in...

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