Summary
In Kansas, a trial judges jurisdiction over a sentence is limited to modifications within 120 days, correcting clerical errors, and post-conviction relief under K.S.A. 60-1507. Post-conviction relief can include vacating or correcting a sentence if imposed unlawfully, or granting a new trial based on new evidence or legal errors. Open-file discovery is generally pre-trial, but post-conviction discovery may be possible if new evidence or prosecutorial misconduct is identified. Examples of prosecutorial misconduct leading to judicial review include cases like Mike Nifong and Ken Anderson. If considering post-conviction relief, consult a lawyer specializing in such cases to ensure proper filing and grounds.Full Conversation
why would a judge modify a sentence after sentencing
A judge might modify a sentence after sentencing for several reasons:
- New Evidence: New information or evidence has come to light.
- Rehabilitation: The defendant shows significant rehabilitation.
- Errors: There were errors in the original sentencing.
Is there a specific reason or situation you're experiencing that you think might lead to a modification?
what post conviction relief can your trial judge offer you
In Kansas, post-conviction relief can be sought under K.S.A. *-*. Here’s what the trial judge can offer:
- Vacate, set aside, or correct the sentence: If the sentence was imposed unlawfully.
- New trial: If there are grounds such as new evidence or legal errors.
- Other relief: Any other appropriate relief as deemed necessary.
Is there a specific issue with your sentence that you're looking to address?
give me real examples of where a prosecutor was fired for improper behavior and his cases came under judicial review
Case Rating: *
Here are a few real examples of prosecutors being fired for improper behavior, leading to judicial review of their cases:
- Mike Nifong (Duke Lacrosse Case): Nifong was disbarred and removed from office for unethical conduct, including withholding exculpatory evidence. His cases underwent judicial review, leading to the exoneration of the accused.
- Ken Anderson (Michael Morton Case): Anderson was convicted of criminal contempt for withholding evidence that could have exonerated Morton. His cases were reviewed, resulting in Morton's release after nearly 25 years of wrongful imprisonment.
- Mark Fuhrman (O.J. Simpson Trial): Though not fired, his credibility was severely questioned due to evidence tampering and racist behavior. His involvement led to judicial reviews and impacted the case's outcome.
Is there a specific type of misconduct or case you're interested in?
what is open-file discovery
Open-file discovery is a practice where the prosecution shares all its evidence with the defense prior to trial. This includes:
- Police reports
- Witness statements
- Physical evidence
- Expert reports
Do you have a specific case or situation in mind where open-file discovery is relevant?
can you file for this post conviction
Based on your questions and responses, it seems you are considering filing for post-conviction relief under K.S.A. *-* in Kansas. Here’s what you need to know:
- K.S.A. *-*: This statute allows a defendant to challenge their conviction or sentence on grounds such as constitutional violations, lack of jurisdiction, or unlawful imprisonment.
If you believe any of these grounds apply to your situation, you may have a strong basis for seeking post-conviction relief. It would be advisable to consult with a lawyer who specializes in post-conviction cases to help you file your motion correctly.
Is there a particular aspect of your case that you believe qualifies for post-conviction relief?
you did not answer my question
I apologize if my previous response was not clear. To directly address your question:
Yes, you can file for post-conviction relief under K.S.A. *-* in Kansas. This allows you to challenge your conviction or sentence based on constitutional violations, lack of jurisdiction, or unlawful imprisonment.
Is there a specific issue or ground you believe qualifies for post-conviction relief in your case?
can you file for open-file discovery after your conviction
In Kansas, open-file discovery is typically a pre-trial process. However, post-conviction discovery can still be pursued under certain circumstances, such as new evidence or claims of prosecutorial misconduct.
Have you encountered any new evidence or issues that might warrant post-conviction discovery?