Justia Juvenile Law Opinion SummariesArticles Posted in Kansas Supreme Court
State v. Owens
The Supreme Court affirmed the judgment of the district court rejecting Appellant's argument that a nineteen-month delay between his arrest and trial violated his constitutional right to a speedy trial, holding that Appellant failed to establish a violation of his constitutional right to a speedy trial as guaranteed by the Sixth Amendment to the United States Constitution and section 10 of the Kansas Constitution Bill of Rights. In support of his argument, Appellant contended that the court of appeals erred in ruling that the six months he spent in juvenile detention should not be counted in determining the length of the delay. The Supreme Court affirmed, holding (1) the right to a speedy trial applies in juvenile offender proceedings, and therefore, Appellant's period of juvenile detention should be included in a calculation of how long it took to get to trial; but (2) Appellant's constitutional right to a speedy trial was not violated, even considering the full nineteen-month delay rather than the thirteen months considered by the court of appeals. View "State v. Owens" on Justia Law
In re A.D.T.
A.D.T., a juvenile, pled guilty to first-degree premeditated murder, completed the incarceration portion of his juvenile sentence and was placed on conditional release. A.D.T. subsequently violated his conditional release by twice testing positive for drugs. The district court revoked his juvenile sentence and imposed his adult sentence of life imprisonment. A.D.T. appealed, arguing that manifest injustice was caused to his constitutional rights. The State counted that the district court strictly complied with the provisions of Kan. Stat. Ann. 38-2364(b) governing the revocation of A.D.T.’s juvenile sentence and the invocation of his adult sentence. The Supreme Court affirmed, holding that it was not manifestly unjust for the district court to impose A.D.T.’s adult sentence for the positive urinalysis tests where (1) although A.D.T. did not receive the recommended substance abuse treatment while in the juvenile correctional facility, that circumstance cannot trump the plain language of section 38-2364(b); and (2) A.D.T. had fair notice and warning that, if he failed another drug test, he was facing a hard twenty-five life sentence as an adult. View "In re A.D.T." on Justia Law