reglab/housing_qa huggingface dataset:
KS Stat § 22-3601 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3601 Appellate jurisdiction of court of appeals and supreme court in criminal cases.

22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases. (a) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required. Whenever an interlocutory appeal is permitted in a criminal case in the district court, such appeal shall be taken to the court of appeals.(b) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken directly to the supreme court in the following cases:(1) Any case in which a statute of this state or of the United States has been held unconstitutional;(2) any case in which the defendant has been convicted of a class A felony;(3) any case in which a maximum sentence of life imprisonment has been imposed, unless the maximum sentence has been imposed pursuant to K.S.A. 21-4643, prior to its repeal, or K.S.A. 2021 Supp. 21-6627, and amendments thereto; and(4) except as provided further, any case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-grid crime. The provisions of this paragraph shall not apply to any case in which the off-grid crime was:(A) Aggravated human trafficking, K.S.A. 2021 Supp. 21-5426(c)(3), and amendments thereto;(B) rape, K.S.A. 2021 Supp. 21-5503(b)(2)(B), and amendments thereto;(C) aggravated criminal sodomy, K.S.A. 2021 Supp. 21-5504(c)(2)(B)(ii), and amendments thereto;(D) aggravated indecent liberties with a child, K.S.A. 2021 Supp. 21-5506(c)(2)(C)(ii), and amendments thereto;(E) sexual exploitation of a child, K.S.A. 2021 Supp. 21-5510(b)(2)(B), and amendments thereto;(F) aggravated internet trading in child pornography, K.S.A. 2021 Supp. 21-5514(c)(3), and amendments thereto;(G) commercial sexual exploitation of a child, K.S.A. 2021 Supp. 21-6422(b)(2), and amendments thereto; or(H) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 2021 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony.History: L. 1970, ch. 129, § 22-3601; L. 1975, ch. 178, § 21; L. 1989, ch. 102, § 1; L. 1992, ch. 239, § 262; L. 2011, ch. 100, § 9; L. 2013, ch. 120, § 26; L. 2017, ch. 78, § 19; July 1.
KS Stat § 22-3603 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3603 Interlocutory appeals by the state.

22-3603. Interlocutory appeals by the state. 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 if notice of appeal is filed within 14 days after entry of the order. Further proceedings in the trial court shall be stayed pending determination of the appeal.History: L. 1970, ch. 129, § 22-3603; L. 1971, ch. 118, § 1; L. 1975, ch. 178, § 23; L. 2010, ch. 135, § 27; July 1.
KS Stat § 22-3604 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3604 Release of defendant pending appeal by prosecution.

22-3604. Release of defendant pending appeal by prosecution. (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 of determining whether a defendant is entitled to discharge under K.S.A. 22-3402, and amendments thereto. For purposes of this section, "an appeal by the prosecution" includes, but is not limited to, appeals authorized by subsection (b) of K.S.A. 22-3602, and amendments thereto, appeals authorized by K.S.A. 22-3603, and amendments thereto, and any appeal by the prosecution which seeks discretionary review in the supreme court of Kansas or the United States supreme court. Such an appeal remains "pending" until final resolution by the court of last resort.(3) A defendant charged with a class A, B or C felony or, if the felony was committed on or after July 1, 1993, an off-grid felony, a nondrug severity level 1 through 5 felony or a drug severity level 1 through  4 felony crime shall not be released from jail or the conditions of such person's appearance bond during the pendency of an appeal by the prosecution. The time during which an appeal by the prosecution is pending in a class A, B or C felony or, if the felony was committed on or after July 1, 1993, an off-grid felony, a nondrug severity level 1 through 5 felony or a drug severity level 1 through  4 felony case shall not be counted for the purpose of determining whether the defendant is entitled to discharge under K.S.A. 22-3402, and amendments thereto.History: L. 1970, ch. 129, § 22-3604; L. 1990, ch. 111, § 1; L. 1994, ch. 291, § 64; L. 2009, ch. 61, § 3; L. 2012, ch. 150, § 42; July 1.
KS Stat § 22-3605 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3605 Decision and disposition of case on appeal; stay of mandate.

22-3605. Decision and disposition of case on appeal; stay of mandate. (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 appellate court, within the time and in the manner to be prescribed by rule of the supreme court.(b) (1) In appeals from criminal actions and in other post-conviction actions arising from criminal prosecutions, the issuance of the mandate from the appellate court shall be automatically stayed when:(A) A party files a notice with the appellate court that it intends to file a petition for writ of certiorari to the United States supreme court; and(B) the time has not expired for filing such a petition under applicable United States supreme court rules.(2) If the mandate from the appellate court has already been issued when a party files its notice, the mandate from the appellate court shall be withdrawn and stayed.(3) The stay shall be lifted when:(A) If a petition for writ of certiorari to the United States supreme court is filed, the court denies such petition or issues such court's final order following granting such petition; or(B) if no petition for writ of certiorari to the United States supreme court is filed, the time expires for filing such petition under applicable United States supreme court rules.History: L. 1970, ch. 129, § 22-3605; L. 1975, ch. 178, § 24; L. 2014, ch. 139, § 6; July 1.
KS Stat § 22-3606 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3606 Procedure on appeal.

22-3606. Procedure on appeal. 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.History: L. 1970, ch. 129, § 22-3606; L. 1971, ch. 114, § 9; L. 1975, ch. 178, § 25; Jan. 10, 1977.
KS Stat § 22-3607 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3607 Disposition of defendant when judgment reversed on appeal.

22-3607. Disposition of defendant when judgment reversed on appeal. 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 court shall order the defendant to be held in custody, subject to the order of the court in which he or she was convicted.History: L. 1970, ch. 129, § 22-3607; L. 1975, ch. 178, § 26; Jan. 10, 1977.
KS Stat § 22-3608 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3608 Time for appeal from judgment of district court.

22-3608. Time for appeal from judgment of district court. (a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court's power to modify the sentence. The power to revoke or modify the conditions of probation or the conditions of assignment to a community correctional services program shall not be deemed power to modify the sentence. The provisions of this subsection shall not apply to crimes committed on or after July 1, 1993.(b) If the imposition of sentence is suspended, the defendant may appeal from the judgment of the district court within 10 days after the order suspending imposition of sentence. The provisions of this subsection shall not apply to crimes committed on or after July 1, 1993.(c) For crimes committed on or after July 1, 1993, the defendant shall have 14 days after the judgment of the district court to appeal.History: L. 1970, ch. 129, § 22-3608; L. 1986, ch. 123, § 23; L. 1992, ch. 239, § 264; L. 1993, ch. 291, § 197; L. 2010, ch. 135, § 28; July 1.
KS Stat § 22-3609 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3609 Appeals from municipal courts.

22-3609. Appeals from municipal courts. (a) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or any findings of contempt. The appeal shall be assigned by the chief judge to a district judge. The appeal shall stay all further proceedings upon the judgment appealed from.(b) An appeal to the district court shall be taken by filing, in the district court of the county in which the municipal court is located, a notice of appeal and any appearance bond required by the municipal court. Municipal court clerks are hereby authorized to accept notices of appeal and appearance bonds under this subsection and shall forward such notices and bonds to the district court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed.(c) The notice of appeal shall designate the judgment or part of the judgment appealed from. The defendant shall cause notice of the appeal to be served upon the city attorney prosecuting the case. The judge whose judgment is appealed from or the clerk of the court, if there is one, shall certify the complaint and warrant to the district court of the county, but failure to do so shall not affect the validity of the appeal.(d) Except as provided herein, the trial of municipal appeal cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant. A jury in a municipal appeal case shall consist of six members. All appeals taken by a defendant from a municipal judge in contempt findings, cigarette or tobacco infraction or traffic infraction cases shall be tried by the court.(e) Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to K.S.A. 12-4416(b), and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint.(f) At the conclusion of the case, the district court shall send notice of dismissal, conviction or acquittal to the municipal court clerk.History: L. 1970, ch. 129, § 22-3609; L. 1971, ch. 114, § 10; L. 1975, ch. 202, § 1; L. 1976, ch. 163, § 21; L. 1977, ch. 112, § 10; L. 1981, ch. 154, § 3; L. 1982, ch. 149, § 1; L. 1982, ch. 144, § 18; L. 1983, ch. 115, § 1; L. 1986, ch. 115, § 66; L. 1992, ch. 176, § 1; L. 1998, ch. 192, § 8; L. 1999, ch. 57, § 32; L. 2004, ch. 71, § 5; L. 2010, ch. 135, § 29; L. 2013, ch. 118, § 5; L. 2016, ch. 93, § 15; July 1.
KS Stat § 22-3609a (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3609a Appeals from district magistrate judges not regularly admitted to practice law.

22-3609a. Appeals from district magistrate judges not regularly admitted to practice law. (1) A defendant shall have the right to appeal to a district judge from any judgment of a district magistrate judge who is not regularly admitted to practice law in Kansas. The chief judge shall be responsible for assigning a district judge for any such appeal. The appeal shall stay all further proceedings upon the judgment appealed from.(2) An appeal to a district judge shall be taken by filing a notice of appeal with the clerk of the court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed.(3) The clerk of the district court shall deliver the complaint, warrant and any appearance bond to the district judge to whom such appeal is assigned. The case shall be tried de novo before the assigned district judge.(4) No advance payment of a docket fee shall be required when the appeal is taken.(5) All appeals taken by a defendant in misdemeanor cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be tried by the court unless a jury trial is requested in writing by the defendant. All appeals taken by a defendant in traffic infraction and cigarette or tobacco infraction cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to the court.(6) Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to subsection (c) of K.S.A. 22-2909, and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint.History: L. 1976, ch. 163, § 22; L. 1977, ch. 112, § 11; L. 1982, ch. 144, § 19; L. 1984, ch. 39, § 44; L. 1986, ch. 115, § 67; L. 1996, ch. 214, § 36; L. 1998, ch. 192, § 9; L. 1999, ch. 57, § 33; L. 2010, ch. 135, § 30; L. 2013, ch. 118, § 6; L. 2014, ch. 71, § 3; July 1.
KS Stat § 22-3610 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3610 Hearing on appeal; exception.

22-3610. Hearing on appeal; exception. (a) When a case is appealed to the district court, such court shall hear and determine the cause on the original complaint, unless the complaint shall be found defective, in which case the court may order a new complaint to be filed and the case shall proceed as if the original complaint had not been set aside. The case shall be tried de novo in the district court.(b) Notwithstanding subsection (a), appeal from a conviction rendered pursuant to subsection (b) of K.S.A. 12-4416 shall be conducted only on the record of the stipulation of facts relating to the complaint.History: L. 1970, ch. 129, § 22-3610; L. 1982, ch. 144, § 20; July 1.
KS Stat § 22-3611 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3611 Judgment on appeal.

22-3611. Judgment on appeal. If upon appeal to the district court the defendant is convicted, the district court shall impose sentence upon him and render judgment against him for all costs in the case, both in the district court and in the court appealed from.History: L. 1970, ch. 129, § 22-3611; July 1.
KS Stat § 22-3612 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3612 Criminal appeals from district court; attorney general to invoke county or district attorney's assistance; costs; criminal appeals cost fund.

22-3612. Criminal appeals from district court; attorney general to invoke county or district attorney's assistance; costs; criminal appeals cost fund. (a) In representing the interests of the state in appeals from criminal actions in the district courts of this state to the supreme court or court of appeals or in other post-conviction actions arising from criminal prosecutions, the attorney general shall invoke the assistance of the county or district attorney of the county in which the action originally commenced. The reasonable costs of such representation shall be allowed and paid by the board of county commissioners from the county general fund for any services rendered by such county's county or district attorney pursuant to this section or by the attorney general pursuant to an agreement under subsection (b).(b) The attorney general may publish a schedule of such costs to be charged by the office of attorney general for services rendered by the attorney general, not to exceed the hourly rate provided in K.S.A. 22-4507, and amendments thereto. The attorney general may enter into agreements with any county or district attorney for the payment of such costs and any such agreement shall supersede, in whole or in part as such agreement may provide, the schedule of costs published pursuant to this section.(c) All moneys paid to the attorney general pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the criminal appeals cost fund, which is hereby created. Moneys in the criminal appeals cost fund may be expended by the attorney general for the purpose of representing the interests of the state in criminal appeals and post-conviction proceedings. All expenditures from the criminal appeals cost fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee.History: L. 1977, ch. 119, § 1; L. 2014, ch. 90, § 10; July 1.
KS Stat § 22-3613 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 36 - Appeals|22-3613 Writ of habeas corpus relief granted; appeal by prosecution; stay of underlying criminal case.

22-3613. Writ of habeas corpus relief granted; appeal by prosecution; stay of underlying criminal case. (a) When a district court has granted relief in a proceeding under K.S.A. 60-1507, and amendments thereto, and the prosecution files a docketing statement in an appellate court seeking an appeal from the district court's decision to grant relief, the underlying criminal case shall automatically be stayed, and the time during which the prosecution's appeal is pending shall not be counted for the purpose of determining whether a defendant is entitled to discharge under K.S.A. 22-3402, and amendments thereto, until the mandate in the prosecution's appeal is issued.(b) Notwithstanding the stay required by subsection (a), a court may release the prisoner on bond in accordance with K.S.A. 22-2804, and amendments thereto, regardless of whether the prisoner has filed a notice of appeal.(c) The stay of the underlying criminal case in subsection (a) may be lifted upon a motion filed in appellate court if the court finds that the prisoner:(1) Has made a strong showing that the prisoner is entitled to relief; and(2) will be irreparably injured if the stay is not lifted.(d) If the stay in subsection (a) is lifted:(1) The time during which the prosecution's appeal is pending shall not be counted for the purpose of determining whether a defendant is entitled to discharge under K.S.A. 22-3402, and amendments thereto, until the mandate in the prosecution's appeal is issued; and(2) the prisoner shall be entitled to a new bond hearing in the underlying criminal case pursuant to K.S.A. 22-2802, and amendments thereto.(e) This section shall be a part of and supplemental to the Kansas code of criminal procedure.History: L. 2018, ch. 105, § 1; July 1.
KS Stat § 22-3702 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 37 - Release Procedures|22-3702 Form of pardon.

22-3702. Form of pardon. A pardon shall be in writing, signed by the governor, attested by the great seal of the state and shall be authority for the release and discharge of the person named therein.History: L. 1970, ch. 129, § 22-3702; July 1.
KS Stat § 22-3703 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 37 - Release Procedures|22-3703 Report of pardons to legislature.

22-3703. Report of pardons to legislature. The governor at each regular session of the legislature, shall communicate to both houses of the legislature a list of all persons pardoned by him during the preceding year, with a statement of the offense of which each was convicted, the time of imprisonment or amount of fine, and the condition, if any, upon which such pardon was granted.History: L. 1970, ch. 129, § 22-3703; July 1.
KS Stat § 22-3704 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 37 - Release Procedures|22-3704 Reprieves in capital cases.

22-3704. Reprieves in capital cases. In cases where the death penalty has been imposed the governor may order the postponement of the execution of the sentence for a limited time. At the expiration of such time the sentence of the court shall be carried out.History: L. 1970, ch. 129, § 22-3704; July 1.
KS Stat § 22-3705 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 37 - Release Procedures|22-3705 Commutation of sentence, reduction of penalty; restrictions.

22-3705. Commutation of sentence, reduction of penalty; restrictions. (a) The governor may, when the governor deems it proper or advisable, commute a sentence in any criminal case by reducing the penalty as follows:(1) If the sentence is death, to imprisonment for life without the possibility of parole and not to any lesser sentence;(2) except as provided in subsection (b), if the sentence is to imprisonment, by reducing the duration of such imprisonment;(3) if the sentence is a fine, by reducing the amount thereof; or(4) if the sentence is both imprisonment and fine, by reducing either or both.(b) The governor shall not commute a sentence of life without possibility of parole.History: L. 1970, ch. 129, § 22-3705; L. 2014, ch. 114, § 7; July 1.
KS Stat § 22-3706 (2021)
2021 Kansas Statutes|Chapter 22 - Criminal Procedure|Article 37 - Release Procedures|22-3706 Person acting as agent or representative of individual seeking release; contingent fee prohibited; statement and affidavit.

22-3706. Person acting as agent or representative of individual seeking release; contingent fee prohibited; statement and affidavit. No person acting as agent or representative for an individual before the board for pardon, commutation of sentence, parole or revocation of parole, conditional release or postrelease supervision shall contract for or receive a fee contingent upon a certain decision by the board. Such agent or representative shall submit a statement on the applicant's behalf to the prisoner review board in writing and shall submit therewith an affidavit stating such agent's representative's name; place of residence; the name of the applicant being represented or [who] has been represented; the fee, if any, paid to or to be paid to such agent or representative by any person for such services; that such fee is not or was not a contingent fee. If any person representing any applicant for pardon, commutation of sentence, or parole shall fail to file such affidavit, the application shall not be considered. Any affidavit filed as provided in this section shall be a public record.History: L. 1970, ch. 129, § 22-3706; L. 1973, ch. 339, § 59; L. 1992, ch. 239, § 265; L. 2012, ch. 16, § 9; July 1.