Appellate Decisions
cia filed a cross-petition, asking this court to decide whether his legal malpractice claim was barred by either the exoneration rule or the statute of limitations. ISSUES: Legal Malpractice; Default Judgment HELD: Court reversed the Court of Appeals, finding that the district court did not abuse its discretion in setting aside the default judgment pursuant to K.S.A. 60-260(b)(6). Court also reversed the district court's dismissal of the lawsuit, based on recent cases holding that the exoneration rule applicable to a criminal defendant's claim that his or her attorney's legal malpractice resulted in the defendant serving an illegal sentence requires the defendant to obtain post-sentencing relief from the illegal sentence, but the rule does not require that the defendant prove that he or she was innocent of the crime for which the illegal sentence was imposed. Court also stated that for a legal malpractice claim based upon an illegal sentence, the cause of action accrues, and the statute of limitations begins to run, when the criminal defendant obtains courtordered post-sentencing relief from the illegal sentence. Court remanded to the district court to resume the proceedings. STATUTES: K.S.A. 20-3018;K.S.A. 22-3210, -3716; and K.S.A. 60-254, -255, -260, -513, -1507, -2101 SELECTION OF ADMINISTRATIVE JUDGE; STANDING; SEPARATION OF POWERS SOLOMON V. STATE OF KANSAS, SHAWNEE DISTRICT COURT – AFFIRMED NO. 114,573 – DECEMBER 23, 2015
FACTS: Judge Larry Solomon filed in Shawnee County District Court a petition seeking a declaratory judgment under K.S.A. 60-1704 challenging the legislature's passing of the amendments in K.S.A. 2014 Supp. 20-329 permitting the district court judges in a particular judicial district to elect a district judge as chief judge. Solomon sought relief in the form of a judgment declaring an unconstitutional encroachment on the constitutional authority of the Kansas Supreme Court to administer the judiciary of the state. Solomon contends that, by enacting K.S.A. 2014 Supp. 20-329, the legislature improperly exerted control over an administrative function of the Supreme Court that is constitutionally reserved to the judicial branch. The state argued that Judge Solomon lacked standing and that the legislation was constitutional. The district court agreed with Solomon and granted him summary judgment. ISSUES: Selection of Administrative Judge; Standing; Separation of Powers HELD: Court agreed with Judge Solomon and the district court. Court found Judge Solomon had standing because the statute undoubtedly affected his "rights, status or other legal relations" as the current chief judge of the 30th Judicial District. On the merits, Court held the language of the Kansas constitution and application of case law factors for analyzing issues in cases involving separation of powers lead to an ultimate opinion that is consistent with the opinions of courts in other jurisdictions: the means of assigning positions responsible to the Supreme Court and charged with effectuating Supreme Court policy must be in the hands of the Supreme Court, not the legislature. By enacting K.S.A. 2014 Supp. 20-329, the legislature asserted significant control over 40
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a constitutionally established essential power of the Supreme Court. STATUTES: G.S. 1949, 20-502, 20-602; K.S.A. 1965 Supp. 20-318; K.S.A. 1968 Supp. 20-318; K.S.A. 2014 Supp. 20-329, -342, -384; K.S.A. 25-2807; K.S.A. 60-1701, -1704, -1713, -2101 CONCURRENCE: Justice Stegall concurred with and joined the portion of the decision concerning Judge Solomon’s standing to bring this declaratory judgment action. However, Justice Stegall stated that while he concurred that K.S.A. 2014 Supp. 20-329 violated the structural separation of powers, he wrote separately to state that the majority has recapitulated a jurisprudence more properly described as promoting a "harmony of powers" than a separation thereof.
Criminal STATE V. COLLINS SEDGWICK DISTRICT COURT - AFFIRMED; COURT OF APPEALS - AFFIRMED NO. 108,660 - DECEMBER 23, 2015
FACTS: Collins entered guilty plea to felony domestic battery. Sentence imposed included 24 months of probation. On appeal Collins argued the 24 month probation term did not conform to applicable statutory scheme, and must be reduced to 12 months. Court of Appeals affirmed in unpublished opinion. Review granted. ISSUE: Terms of Probation under K.S.A. 2011 Supp. 216608 HELD: Because legislature has not prescribed maximum probation term for felony domestic battery convictions, the length of such term is within sentencing court’s discretion. No abuse of district court’s discretion was found in this case. Court expresses no opinion regarding other nongrid felonies that lack sentencing-grid severity levels. STATUTES: K.S.A. 2014 Supp. 21-6412(a)(1), -6412(a) (6), -6412(b)(1), -6416; K.S.A. 2011 Supp. 21-5414, -5414(a), -5414(b), -5414(b)(3), -6601et seq., -6607(b), -6608, -6608(a), -6608(c), -6608(c)(6); and K.S.A. 602101(b) STATE V. DERN POTTAWATOMIE DISTRICT COURT - AFFIRMED IN PART, REVERSED IN PART COURT OF APPEALS - AFFIRMED IN PART, REVERSED IN PART ON ISSUE REVIEWED NO. 106,406 - NOVEMBER 25, 2015
FACTS: Dern was convicted of two counts each of aggravated indecent liberties and aggravated criminal sodomy. Victims were twin daughters F.D. and C.D. In unpublished opinion, Court of Appeals affirmed all convictions, finding no error in: (1) district court’s finding that Dern’s confession to law enforcement officers was voluntary, and denial of motion to suppress; (2) Dern’s confession to prior uncharged sexual misconduct regarding the victims was admissible under K.S.A. 60-455 to prove “criminal disposition;” (3) jury instruction for aggravated criminal sodomy improperly included alternative means of committing sodomy, but error was invited by Dern’s failure to object; (4) there was adequate corroborating