Legal Opinion
In Re the Care & Treatment of Emerson
Court of Appeals of Kansas
Decided February 12, 2016No. 113503Published
1Opinion of the Court
No. 113,503 IN THE COURT OF APPEALS OF THE STATE OF KANSAS IN THE MATTER OF THE CARE AND TREATMENT OF CECIL W. EMERSON, SYLLABUS BY THE COURT 1. When appointed counsel for a person determined to be a sexually violent predator files a timely notice of appeal but fails to file a brief, resulting in dismissal of the appeal, the Flores-Ortega standard determines our jurisdiction. 2. Arguments of waiver or laches which the district court considered and resolved against the State but which the State failed to cross-appeal, are not properly preserved on appeal. 3. We apply retroactively the…
2Cases cited36 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- State v. WardSupreme Court of Kansas · 2011
- State v. WilliamsSupreme Court of Kansas · 2012
- State v. McCulloughSupreme Court of Kansas · 2012
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