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Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand
by David M. Reutter
The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a plea withdrawal prior to sentencing, the correct disposition is to remand to the district court …
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More from this issue:
- Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
- Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
- Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
- Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
- California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution, by Douglas Ankney
- Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
- Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
- California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
- Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
- Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis, by Matthew Clarke
- North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
- Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
- Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
- Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand, by David Reutter
- Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
- Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
- Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
- Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
- Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
- Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
- California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable, by Douglas Ankney
- ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
- North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error, by Douglas Ankney
- Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
- Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences, by Anthony Accurso
- San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
- Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial, by Douglas Ankney
- SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
- First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c), by Dale Chappell
- Fatal Shootings by Police Rarely Prosecuted, by Jayson Hawkins
- Misinformation and the Carceral State, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, by Matthew Clarke
- A 22-Year-Long Path to Justice, by Jayson Hawkins
- Police Departments Buying Teslas, by Anthony Accurso
- Mens Rea: Criminal Liability Should Equal Criminal Intent, by Casey Bastian
- Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
- First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
- The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
- News in Brief
More from David Reutter:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026
- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
More from these topics:
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026. Summary Disposition, Strickland Standard, Hearsay Evidence, Plea Agreements/Guilty Pleas.
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Nevada Ex-Warden Ordered to Counseling After Ear-Biting Incident, June 1, 2026. Guard Misconduct, Alternative Sentencing, Assaults on Staff, Plea Agreements/Guilty Pleas.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- California Supreme Court Announces § 189(e)(2) Requires Nonkiller to Aid the Actual Killer in the Lethal Act, Resolving Appellate Split, May 1, 2026. Murder/Felony Murder, Resentencing, Essential Elements of Crime, Statutory Construction/Interpretation, Accessories and Accomplices.
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026. Appealable Issues/Orders, Abuse of Discretion Standard, De Novo Resentencing, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas.
- Pennsylvania Supreme Court Announces Mandatory Life Without Parole for Felony Murder Unconstitutional Under State Constitution, Holding Article I, Section 13 Provides Broader Protections Than Eighth Amendment, April 1, 2026. Life without Parole (LWOP), Constitution, state, Constitutional Challenges/Law, Resentencing, Cruel and Unusual Punishment.
- One Guard Pleads Guilty, Another Receives Light Sentence in New York Prisoner’s Killing, Dec. 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), Obstruction of Justice, Plea Agreements/Guilty Pleas.
- Ex-Wife of Minnesota DOC Commissioner Sentenced for Poisoning Attempt on Son, Dec. 1, 2025. Out of State Transfers, Sentencing, Conspiracies, Attempts, Solicitations, Confessions and Statements of Defendant, Plea Agreements/Guilty Pleas.





