Supreme Court of Kansas· 11/6/2009
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 CourtListenerCited by
38 cases in this archive cite this case; the 20 most cited are listed.
- State v. ButlerSupreme Court of Kansas· 2018-04-27· cited 266×
- State v. JollySupreme Court of Kansas· 2015-02-20· cited 184×
- State v. LooneySupreme Court of Kansas· 2014-06-20· cited 136×
- Holt v. StateSupreme Court of Kansas· 2010-05-06· cited 75×
- State v. CameronSupreme Court of Kansas· 2012-07-27· cited 74×
- State v. SpencerSupreme Court of Kansas· 2011-03-18· cited 73×
- State v. HoltSupreme Court of Kansas· 2013-12-06· cited 66×
- State v. GuderSupreme Court of Kansas· 2012-01-27· cited 65×
- State v. BerrethSupreme Court of Kansas· 2012-04-06· cited 62×
- State v. CashSupreme Court of Kansas· 2011-10-14· cited 61×
- State v. SellersSupreme Court of Kansas· 2011-04-22· cited 36×
- State v. HarshSupreme Court of Kansas· 2011-11-18· cited 35×
- State v. FlorentinSupreme Court of Kansas· 2013-06-14· cited 35×
- State v. Denmark-WagnerSupreme Court of Kansas· 2011-08-12· cited 33×
- State v. TurnerSupreme Court of Kansas· 2012-03-09· cited 32×
- State v. LaBELLESupreme Court of Kansas· 2010-05-28· cited 29×
- State v. BaberCourt of Appeals of Kansas· 2010-10-08· cited 27×
- State v. SandovalSupreme Court of Kansas· 2018-08-31· cited 24×
- State v. ReedCourt of Appeals of Kansas· 2014-10-31· cited 20×
- State v. BaptistSupreme Court of Kansas· 2012-07-13· cited 17×
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.