Legal Opinion

State v. Buser

Supreme Court of Kansas

Decided September 25, 2015No. 105,982Published

1Opinion of the Court

ORDER

This is a criminal appeal. On March 26, 2015, Joseph Buser’s defense counsel, Meryl Carver-Allmond, filed a Motion to Find Mandatory Application of K.S.A. 2014 Supp. 20-3301 Unconstitutional. The State filed no response to the motion and no motion for extension of time to respond. After hearing nothing from the State in the 3 months following the filing of the motion, we analyzed the issues presented and granted the motion in an order dated July 1, 2015. We held subsection (c) of the statute was unconstitutional and relieved Carver-Allmond of any purported duty to comply with its…

2Cases cited25 opinions

  1. State v. JohnsonSupreme Court of Kansas · 2008
  2. State v. RaschkeSupreme Court of Kansas · 2009
  3. Pettle v. Bickham (In Re Pettle)Court of Appeals for the Fifth Circuit · 2005
  4. Alvin Swimmer v. Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1987
  5. Zimmerman v. Board of County CommissionersSupreme Court of Kansas · 2009

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