Kansas Supreme Court Decisions, August 26, 2022

26 Aug 2022 9:50 AM | Anonymous member (Administrator)

Appeal No. 122,682: State of Kansas v. Ty R. Zeiner

Appeal No. 122,682 archived oral argument

The Supreme Court reversed the judgment of the Court of Appeals and Marion County District Court and remanded for a new trial. Zeiner was convicted of driving while intoxicated after he was found in his SUV, which was parked and not running, while he was intoxicated and asleep inside the vehicle at approximately 3:30 in the morning. Justice Stegall, writing for a unanimous court, held that the jury instruction error failing to define "operate" as "drive" under K.S.A. 8-1567(a)(3) was not harmless given the confusing testimony offered by the Sherriff's office in the trial record.

Appeal No. 122,758: State of Kansas v. Corey A. Eubanks

Appeal No. 122,758 archived oral argument 

After the State charged Eubanks with burglary and two counts of felony theft, he pled no contest to an amended charge of attempted theft. The Douglas County District Court imposed a 10-month prison sentence and ordered Eubanks to pay restitution to the two victims of the burglary and theft as a condition of his postrelease supervision. On direct appeal, a Court of Appeals panel affirmed the district court's award of restitution but remanded for the district court to issue a new journal entry clarifying the payment of restitution was a condition of postrelease supervision. On review, the Court affirmed in part and reversed in part. In a unanimous opinion written by Justice Melissa Standridge, the Court affirmed the panel's decision concluding the district court's restitution order did not result in an illegal sentence. The Court also affirmed the panel's decision concluding the terms orally stated on the record at the plea hearing included an agreement to pay restitution to both victims. Finally, the Court reversed the panel's remand order directing the district court to issue a new journal entry, holding that K.S.A. 2020 Supp. 22-3717(n) does not require the journal entry to specify that restitution be paid as a condition of postrelease supervision.

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