The Supreme Court ruled on June 20 that Police may use evidence obtained after an illegal detention/stop so long as there was "attenuation" which distanced the illegal stop from discovery of that evidence.Read More
In State v Hendricks, http://www.kscourts.org/Cases-and-Opinions/opinions/CtApp/2016/20160506/113597.pdf , a Johnson County case, the Court ruled today that violating the FINAL restraining order in a divorce case is not criminal violation of a protective order K.S.A. 21-5924. The court makes clear that violating the temporary order in a divorce case CAN result in criminal liability. This makes it clear that it is crucial to hire an attorney in a domestic violence case who is familiar with these rules so that you are not wrongfully convicted. If this defendant had not challenged the illegality of his charges, he could have lost his right to possess a firearm and served time in jail.
On April 8, 2016, The Kansas Court of Appeals decided State v. Holsted , a marijuana distribution/cultivation case in which the court was asked to decide what, exactly, constitutes a plant for purposes of K.S.A. 21-5705. Seems like it would be an easy question: what is a plant? But nevertheless, the intrepid Appellate Defender's office argued that if a plant is cut and doesn't have roots, then it is just a "clipping" and no longer qualifies under the cultivation part of the statute.
The Court agreed, holding that cuttings from a mother marijuana plant do not count as new individual plants until roots have begun to form. "There is a difference between what might be and what is" opined Judge Hill.
The court did not go along with Wyandotte ADA Tomasic's argument that the cultivator' intent is what matters, because this dealer was alleged to be trying t grow new plants from the cuttings.
It seems highly likely that this will be appealed to the next level, but until then, prosecutors will need to be careful to show the added element of "roots forming" when they prove the elements of a marijuana cultivation case, relying on the 5 or more plants provision.
If you have a drug charge and need to contest it in the Dodge City, Garden Area contact the James Law Firm PLLC at (620) 450-6438
It is here I announce my foray into the world of social media. I have encountered a relative death of legal commentary out here in Western Kansas on local politics or legal developments. I hope to update this blog with important legal changes and analysis of appellate and trial level cases.