Supreme Court of Kansas· 9/28/2018
State v. Van Lehman
Citations
- 427 P.3d 840
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding an illegal sentence may be corrected regardless of whether one or more parties may have had a hand in arriving at the illegality
- pending motion of State to correct illegal sentence ineffective to permit district court to modify defendant's sentence after sentence has been served; upon completing sentence, defendant \no longer\ under jurisdiction of \criminal justice system\
- After a criminal defendant completes an original sentence that was 5 illegal, the district court no longer has jurisdiction to impose a modified lawful sentence.
- \[A] party cannot be bound by a requested illegal sentence through the invited error doctrine.\
- \An illegal sentence may be corrected\ at any time \regardless of whether one or more parties may have had a hand in arriving at the illegality.\
- an illegal sentence may be corrected at any time
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson, Rosen, Stegall
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- State v. DanielsSupreme Court of Kansas· 2024-08-30· cited 83×
- State v. CorbySupreme Court of Kansas· 2022-01-21· cited 19×
- State v. CastleCourt of Appeals of Kansas· 2020-11-06· cited 16×
- State v. Lamia-BeckSupreme Court of Kansas· 2024-06-14· cited 7×
- State v. SchulzeCourt of Appeals of Kansas· 2019-07-26
- State v. LeeCourt of Appeals of Kansas· 2018-11-30
- State v. SmithCourt of Appeals of Kansas· 2024-09-20
Cites
26 cases in this archive are cited by this case; the 20 most cited are listed.
- North Carolina v. PearceSupreme Court· 1969-06-23· cited 7,763×
- United States v. DiFrancescoSupreme Court· 1980-12-09· cited 1,657×
- State v. DickeySupreme Court of Kansas· 2015-05-22· cited 422×
- People v. WilliamsNew York Court of Appeals· 2010-02-23· cited 266×
- State v. SchoonoverSupreme Court of Kansas· 2006-04-28· cited 254×
- State v. MontgomerySupreme Court of Kansas· 2012-10-19· cited 198×
- State v. MossmanSupreme Court of Kansas· 2012-07-27· cited 136×
- State v. SchubertSupreme Court of New Jersey· 2012-10-22· cited 115×
- State v. WalkerSupreme Court of Kansas· 2007-03-23· cited 109×
- United States v. Anthony F. DaddinoSeventh Circuit· 1993-09-16· cited 100×
- State v. GilbertSupreme Court of Kansas· 2014-06-06· cited 92×
- United States v. Steven A. Silvers, (Two Cases)Fourth Circuit· 1996-07-22· cited 78×
- State v. HankinsSupreme Court of Kansas· 2016-04-22· cited 72×
- Andrew Leo Oksanen v. United StatesEighth Circuit· 1966-06-16· cited 56×
- State v. FreemanSupreme Court of Kansas· 1984-10-26· cited 55×
- State v. SotoSupreme Court of Kansas· 2015-05-15· cited 48×
- State v. CalmesSupreme Court of Minnesota· 2001-08-23· cited 43×
- People v. VelezNew York Court of Appeals· 2012-06-28· cited 42×
- United States v. John Francis RourkeTenth Circuit· 1992-12-31· cited 41×
- State v. KeenanSupreme Court of Kansas· 2016-08-19· cited 36×
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.