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Supreme Court Releases for July 28, 2017

28 Jul 2017 9:49 AM | Tiffany Fisher (Administrator)

The Kansas Supreme Court released the following published decisions today: ‚Äč

Appeal No. 112,212: State of Kansas v. John W. Bannon
The Supreme Court reversed a Court of Appeals decision that had overturned Bannon's conviction in Sedgwick District Court for criminal carrying of a firearm in the lobby of the Wheatshocker Apartments on the campus of Wichita State University.
 
At issue was a pretrial motion to suppress the gun found on Bannon during a police patdown. The district court judge rejected Bannon's motion. The Court of Appeals panel hearing the case disagreed and held that the motion should have been granted. There was no evidence the officers who had stopped Bannon were actually, subjectively concerned for their safety or the safety of others. According to the panel, such a subjective concern was legally necessary to justify the patdown of Bannon. The Supreme Court disagreed and held that the panel applied the incorrect legal framework. An officer's subjective concern for safety is not dispositive on the constitutionality of the frisk. Rather, an officer's subjective fear or belief that a stopped person is armed and presently dangerous is one of the factors to consider in determining the reasonableness of a frisk.
 
The court remanded the case to the Court of Appeals to apply the correct legal test and for further proceedings as necessary.

Appeal No. 111,054: State of Kansas v. David Kilpatrick
 
In an opinion written by Justice Caleb Stegall, the Supreme Court unanimously affirmed the Reno County District Court's denial of Kilpatrick's motion to correct an illegal sentence, which challenged the retroactive application of the 2007 amendments to the Kansas Offender Registration Act. The Court of Appeals affirmed in part and dismissed in part, concluding it had no jurisdiction to consider the motion. However, the court affirmed on other grounds, holding the lower courts had jurisdiction to hear Kilpatrick's motion but his claim failed as a matter of law because an illegal sentence under K.S.A. 22-3504 does not include a sentence that allegedly violates a constitutional provision.

Appeal No. 108,801: State of Kansas v. Joseph V. Donaldson
 
In an opinion written by Justice Caleb Stegall, the Supreme Court unanimously affirmed the Sedgwick County District Court's denial of Donaldson's motion to correct an illegal sentence, which challenged the retroactive application of the 2011 amendments to the Kansas Offender Registration Act. The lower courts dismissed Donaldson's motion for lack of jurisdiction. However, the court affirmed on other grounds, holding the lower courts had jurisdiction to hear Donaldson's motion but his claim failed as a matter of law because an illegal sentence under K.S.A. 22-3504 does not include a sentence that allegedly violates a constitutional provision.

Kansas Court of Appeals decisions released today 


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