Violating Final Divorce Restraining Order not criminal

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.

Kansas Court Defines what a marijuana plant is and is not

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. 

Scott James

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