State v. Mitchell
| Docket Number | 107022 |
| Decision Date | 12 April 2013 |
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58 cases
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State v. Arnett
...while review of Arnett's case was pending, we do not apply the quid pro quo test to her section 5 claim. See State v. Mitchell , 297 Kan. 118, 124-25, 298 P.3d 349 (2013) (change in the law acts prospectively, applying " ‘to all cases ... pending on direct review or not yet final’ "). Secti......
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State v. Thomas
...law acts prospectively, applying " ‘to all cases, state or federal, pending on direct review or not yet final.’ " State v. Mitchell , 297 Kan. 118, 124-25, 298 P.3d 349 (2013) (quoting State v. Berry , 292 Kan. 493, 514, 254 P.3d 1276 [2011] ). But because this case was fully briefed under ......
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State v. Chandler
...case.’ [Citation omitted.]" 305 Kan. at 110-11, 378 P.3d 1060.Because Chandler's appeal is not yet final, Sherman applies. See State v. Mitchell , 297 Kan. 118, Syl. ¶ 3, 298 P.3d 349 (2013) (change in law applies to cases pending on direct review and not yet final on date of appellate cour......
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State v. Ford
...in effect when Ford filed his motion. Nevertheless, this change would typically apply to bar Ford's motion. See State v. Mitchell, 297 Kan. 118, 124–25, 298 P.3d 349 (2013) (change in the law acts prospectively, applying “ ‘to all cases ... pending on direct review or not yet final’ ”). Tre......
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1 books & journal articles
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Clear as Mud: Unraveling Criminal History Scoring
...439 P.3d 307 (2019) (Murdock II) (legality of sentence set at time of sentencing if no direct appeal filed). [6]. State v. Mitchell, 297 Kan. 118, Syl. ¶ 3, 298 P.3d 349 (2013); Murdock II, 309 Kan. at 591-92. [7]. Murdock II, 309 Kan. at 591. [8]. If a sentence was initially illegal, but r......