by admin | May 13, 2021 | Criminal Procedure, Kansas
When a judgment of conviction or sentence is reversed, and it appears that no crime has been committed, the appellate court shall direct that the defendant be discharged. If it appears that the defendant is guilty of a crime, although improperly charged, the appellate...
by admin | May 13, 2021 | Criminal Procedure, Kansas
Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.K.S.A. 22-3606L. 1970, ch. 129, ยง...
by admin | May 13, 2021 | Criminal Procedure, Kansas
(a) Any appellate court may reverse, affirm or modify the judgment or order appealed from, or may order a new trial in the district court. In either case the cause must be remanded to the district court with proper instructions, together with the decision of the...
by admin | May 13, 2021 | Criminal Procedure, Kansas
(1) Except as provided in subsection (3), a defendant shall not be held in jail nor subject to an appearance bond during the pendency of an appeal by the prosecution.(2) The time during which an appeal by the prosecution is pending shall not be counted for the purpose...
by admin | May 13, 2021 | Criminal Procedure, Kansas
When a judge of the district court, prior to the commencement of trial of a criminal action, makes an order quashing a warrant or a search warrant, suppressing evidence or suppressing a confession or admission an appeal may be taken by the prosecution from such order...
by admin | May 13, 2021 | Criminal Procedure, Kansas
(a) Except as otherwise provided, an appeal to the appellate court having jurisdiction of the appeal may be taken by the defendant as a matter of right from any judgment against the defendant in the district court and upon appeal any decision of the district court or...
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