×
You've used up your 3 free articles for this month. Subscribe today.
Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant
Loaded on July 15, 2022
by David M. Reutter
published in Prison Legal News
July, 2022, page 61
Filed under:
Probation, Parole & Supervised Release,
Revocation Proceedings,
Disagreement With.
Location:
Kansas.
by David M. Reutter
On January 28, 2022, the Supreme Court of Kansas held that a state court has no authority to revoke and remand a state probationer to prison except by an action that is timely initiated with a warrant or notice to appear. Since the proceedings against probationer ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Suit Over California Detainee’s Suicide Survives Corporate Shell Game by Wellpath and HIG Capital, by Jacob Barrett
- Seventh Circuit Reiterates That Threats and Withholding Grievance Forms Render Administrative Remedies Unavailable to Prisoner, by Mark Wilson
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, by David M. Reutter
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, by David M. Reutter
- “The Worst Kind of Work” Thai Prisoners Forced into Labor, Often Without Pay, by Edward Lyon
- Washington DOC Ends Use of Solitary Confinement (Sort of), by Jacob Barrett
- Supreme Court Passes on Case of New York Sex Offender Imprisoned Past Release Date for Lack of Compliant Housing, by Jory Smith, Chuck Sharman
- The Catalog of Carceral Surveillance: Monitoring Online Purchases of Inmates’ Family and Friends, by Beryl Lipton, Cooper Quintin
- Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids, by Matthew Clarke
- Class of Juvenile Prisoners Certified in Suit Against Florida DOC, by Kevin Bliss
- Sixth Circuit Reinstates Suit of Kentucky Jail Detainee Impregnated by Guard, Finds Genuine Factual Dispute Over Consent, by Matthew Clarke
- Former Arizona Corrections Chief Indicted After Drunken Armed Standoff with Tempe Police, by Jo Ellen Nott
- The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration, by Paul Wright
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, by David M. Reutter
- Virginia DOC’s Interference Hamstrings Local and Regional Jail Board, by Kevin Bliss
- Oregon Nurse Federally Charged With Raping Prisoners After State Prosecutors Declined to Prosecute, by Mark Wilson
- $1 Million Paid After Indiana Jailers Fatally Beat and Taser Detainee, But Prosecutor Finds No Crime, by Benjamin Tschirhart, Keith Sanders
- “One of the Most Egregious Violations of Church-State Separation” Prisons Welcome Fundamentalist Christian Education Programs Despite Conflicts with the Constitution, by Jacob Barrett
- Illinois Counties Fail in Challenge to State Statutory Ban on ICE Detention Contracts, by Matthew Clarke
- Federal Judge Allows Wiretapping Case to Proceed Against CoreCivic for Recording Attorney-Client Conversations at Nevada Prison, by Kevin W. Bliss
- BOP Guard Terminated for Making Prisoner Do His Work, Union Blames Staff Shortages, by Casey Bastian
- Eighth Circuit Pulls BOP’s Hand Out of Prisoner’s Pocket Accumulated Prison Wages Not “Substantial Resources” Under Mandatory Victim Restitution Act, by Casey Bastian
- Massachusetts Supreme Court Continues Trend of Easing Prison COVID-19 Protocols, by Edward Lyon
- Seventh Circuit Clarifies Calculation of Presumptive Parole Date for Federal Prisoner Sentenced Under Pre-1987 Law, by Anthony W. Accurso
- COVID-19’s Impact on Prisoners Far Worse Than It Needed to Be, by Edward Lyon, Kevin Bliss
- After Lengthy HRDC Litigation, GEO Group Gives Up Documents Revealing $10 Million Settlement for Death of Texas Prisoner, by Matthew Clarke
- $150,000 Class-Action Settlement Reached Over Massive Scabies Outbreak at CoreCivic Tennessee Jail, by Jacob Barrett
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, by David M. Reutter
- Oregon Judge Invalidates Governor’s Clemency Grant to Dozens Sentenced to Life as Juveniles, Halting Parole Hearings, by Mark Wilson
- Nebraska Prison Staffing Crisis Sees Supervisors Take Demotions to Get Hourly Overtime Pay, by Kevin Bliss
- News in Brief
- Boiling Behind Bars In Sweltering Texas, Prisons Without Air Conditioning Are About to Get a Lot Hotter, by Alleen Brown
- $1 Million Settlement Reached in Suicide of Mentally Ill Detainee at San Diego Jail, by Keith Sanders
- Lawsuits Filed Over Withheld Pain Medications That Left Ailing New York Prisoners in Agony, by Edward Lyon
- $3.8 Million Paid for Michigan Detainee’s Death from Alcohol Withdrawal After Sixth Circuit Affirms Denial of Summary Judgment to Jailers for Deliberate Indifference, by Mark Wilson
- “Join Me in Holding Your Nose” Federal Judge Reluctantly Okays $750,000 Settlement in Ohio Pre-Trial Detainee’s Excessive Force Suit, by Keith Sanders
- Class Certified in Discrimination Suit by Deaf and Hearing-Impaired Georgia Prisoners, by Mark Wilson
- Court Bars Electroshock Therapy for Incompetent California Prisoner Without Considering Whether He Would Consent If Competent, by Jacob Barrett
- Guards Saluting Fascism on the Job—Literally, by Edward Lyon
- $805,000 Paid by Washington to Former Detainees at Juvenile Camp, But Sex Abuse Charges Dropped against Counselor
- Russia Drops Charges Against Prison Torture Whistleblower, by Edward Lyon
- Eleventh Circuit Reinstates Florida Detainee’s Excessive-Force Claim Against Cop Who Sucker-Punched Him in Cell, by Kevin Bliss
- California Supreme Court Rules Proposition 57 Early Parole Review May be Denied for Any Violent Felony Conviction, Even If Not “Primary Offense”, by Douglas Ankney
- Mission Creep: Prison Telecoms Scramble to Extend Their Reach, by Alan Prendergast
- From the Editor, by Paul Wright
- U.S. Marshals Service Inspectors Find D.C. Central Jail Not Meeting Federal Detention Standards, by Casey Bastian
- $405,000 Paid to Prisoner Disabled and Left Untreated at LaSalle-Managed Louisiana Jails, by Anthony W. Accurso
- Maryland Strips Governor’s Power to Overturn Parole Decisions, by Ashleigh Dye
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, May 15, 2024. Parole, Probation, Parole & Supervised Release, Concurrent and Consecutive Sentences, Multiple Sentences, Aggregate Sentence.
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024. Crime, Statistics/Trends, First Step Act, Probation, Parole & Supervised Release, Revocation Proceedings.
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024. Contractor Misconduct, DOC/BOP misconduct, Open Meetings, Public Records, Public Records Act, halfway houses, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, April 15, 2024. Sentinel, Contractor Misconduct, Reviews, Statistics/Trends, Cost of Prison Systems, Electronic Monitoring, Probation, Parole & Supervised Release.
- Parole and Probation Accused of Driving Prison Growth, April 1, 2024. Commentary/Reviews, Statistics/Trends, Probation, Parole & Supervised Release, Conditions of.
- Sick Georgia Prisoners Forced to Choose Between Treatment and Early Release, March 1, 2024. Work Release, Commentary/Reviews, Medical, Hepatitis, Probation, Parole & Supervised Release.
- California Slowed, But Not Barred from “Dumping” Sick, Indigent Parolees on Public Hospitals, March 1, 2024. Medical, Injunctions, Probation, Parole & Supervised Release, Medical Care/Treatment, Compassionate Release.
- The Problem with Some Non-Carceral Punishments, Feb. 15, 2024. Commentary/Reviews, Crime/Demographics, Alternative Sentencing, Probation, Parole & Supervised Release, Conditions of.
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.
- No Data to Prove Whether $600-Million California Parole Effort Worked, Feb. 1, 2024. GEO Group/Wackenhut, Probation, Parole & Supervised Release.