Legal Opinion

In re Wrongful Conviction of Sims

Supreme Court of Kansas

Decided January 26, 2024No. 126247PublishedCited by 5 opinions

1Opinion of the Court

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,247 In the Matter of the Wrongful Conviction of MICHAEL SIMS. SYLLABUS BY THE COURT 1. K.S.A. 2022 Supp. 60-5004(c)(1)(B) requires a claimant to show two elements: (a) a court's reversal or vacating of a felony conviction; and (b) either the dismissal of charges or a finding of not guilty following a new trial. 2. The phrase "the charges were dismissed" in K.S.A. 2022 Supp. 60-5004(c)(1)(B) clearly and unambiguously means both terminating the criminal accusation presented in court and relieving the defendant of that accusation's criminal…

2Cases cited4 opinions

  1. John Doe v. M.J.Supreme Court of Kansas · 2022
  2. State v. HudsonSupreme Court of Kansas · 1997
  3. In re M.M.Supreme Court of Kansas · 2021
  4. State v. MolerSupreme Court of Kansas · 2022

3Cited by5 opinions

  1. In re Wrongful Conviction of SpanglerSupreme Court of Kansas · 2024
  2. In re Wrongful Conviction of MashaneySupreme Court of Kansas · 2024
  3. In re Revenue Neutral Complaint of CorbetCourt of Appeals of Kansas · 2025
  4. LJ Beck Roofing and Guttering v. Kansas Dept. of LaborCourt of Appeals of Kansas · 2026
  5. Stonegate Motorplaza Condominium Assoc. v. HP MotorplazaCourt of Appeals of Kansas · 2026

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