- About KBA
- Attorney Resources
- Public Resources
|July 8, 2016, Appellate Court Digests|
Kansas Supreme Court – Criminal
Criminal procedure; speedy trial; statutes
FACTS: State charged Spencer Gifts in 2010 with 10 counts of promoting obscenity harmful to minors. District court issued summons for Spencer Gifts to appear, but Spencer Gifts was never subject to an appearance bond. Years later Spencer Gifts filed motion to dismiss, alleging violation of speedy trial statute. District court granted the motion, holding Spencer Gifts was statutorily entitled to speedy trial under City of Elkhart v. Bollacker, 243 Kan. 543 (1988), and State failed to honor that right. State appealed. Court of appeals affirmed, relying on supreme court precedent. State petitioned for review, arguing: (1) the speedy trial statute did not apply because Spencer Gifts had not been held on an appearance bond; (2) any contrary holding in Bollacker should be overruled; (3) the corporation did not have speedy trial rights; and (4) dismissal was not required under K.S.A. 2015 Supp. 22-3402(g). Review granted.
ISSUES: (1) Speedy trial statute—construction and application, (2) speedy trial statute—corporations, (3) speedy trial statute-incorrectly charged delay
HELD: Plain language of K.S.A. 2015 Supp. 22-3402(b) does not apply to a defendant not held to answer on an appearance bond, such as Spencer Gifts in this case. Bollacker is examined and overruled, but because lower courts followed valid precedent at the time, the change of law expressed in the instant decision does not apply to reinstate State’s case against Spencer Gifts. Dismissal of charges against Spencer Gifts is affirmed.
STATUTES: K.S.A. 2015 Supp. 17-7663(1), 21-5915, -5915(a), -5915(e), 22-2202(b), -2202(o), -2202(s), -3402, -3402(b), -3402(g), -3602(e); K.S.A. 22-3402, -3402(2); K.S.A. 22-3402(1), -3402(2) (Furse 1995); K.S.A. 21-3813(1), -3813(2), 22-3402(2) (Ensley 1981)
2/7/2017 » 3/23/2017
Mesa CLE Webinars-February and March
KBA Closed - Presidents' Day