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State v. Ballard

Citations

  • 218 P.3d 432
  • 289 Kan. 1000
  • 2009 Kan. LEXIS 1077

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding the same set of mitigating factors may lead the district court to grant a durational departure without also granting a dispositional departure
  • affirming and recognizing district court jurisdiction for modification of postrelease supervision term from 36 months to life when the initial term was illegal for failure to comply with K.S.A. 22-3717[d][1][G]
  • district court must review mitigating and aggravating circumstance and does not simply contrast total number of aggravating factors with mitigating factors
  • sentence for sexually violent crime that included 36 months of postrelease supervision illegal under governing statute, amenable to correction to lifetime postrelease supervision
  • nature of sexually violent off-grid crime not changed by departure; defendant therefore could only be subject to lifetime postrelease under K.S.A. 22-3717[d][l][G], rather 36-month postrelease under K.S.A. 22-3717[d][l][A]
  • sentence for sexually violent crime that included 36 months of postrelease supervision illegal under governing statute, amenable to correction to lifetime postrelease supervision

Source: CourtListener parenthetical corpus (CC0).

Judges: Nuss

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.