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Kansas Supreme Court Decisions for November 5, 2021

08 Nov 2021 8:37 AM | Amanda Kohlman (Administrator)

Appeal No. 121,916: State of Kansas v. Janet M. Allen

Archived oral argument

The Kansas Supreme Court affirmed Allen’s conviction in Clay County District Court for forgery, felony theft, and misdemeanor theft. The Court of Appeals reversed the convictions, ruling that Allen’s right to a speedy trial was violated when the trial was delayed without a hearing where Allen could object the delay. The Court of Appeals also held this violated Allen’s constitutional right to be present at critical stages of the prosecution. In a unanimous decision written by Justice Dan Biles, the Supreme Court concluded that the Court of Appeals should not have addressed these claims, since Allen did not raise them before the trial court, and they involved unresolved facts that could not be determined on an appeal.

Appeal No. 120,845: State of Kansas v. Jeremy L. Dailey

Summary calendar, no oral argument

Dailey pleaded guilty to criminal trespass and theft and the Sedgwick County District Court ordered him to pay $17,278.92 in criminal restitution. The Court of Appeals ruled that substantial competent evidence did not support the amount of the order, and remanded the case for another evidentiary hearing on restitution. In an opinion written by Justice Eric Rosen, the Kansas Supreme Court affirmed the Court of Appeals decision to vacate the order and remand the case to the district court, but it held the State could not offer new evidence to support its restitution request. The Supreme Court directed the district court to impose a new restitution order that is supported by competent evidence from the existing record.

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