Evidence: Improper Admission of Prior Conviction Evidence
Published on: Mar 26 2013
Normal 0 false false false EN-US X-NONE X-NONE ... More

Motion to Correct Illegal Sentence
Published on: Mar 26 2013
Motion to Correct Illegal Sentence   In State v. Trotter, 295 P.3d 1039 (Kan. 2013), the Kansas Supreme Court explained the manner by which a defendant may properly raise claims in a motion to correct a legal sentence under K.S.A. 22-3504.  In Trotter, the defendant argued that the district court erred in denying his motion to correct an illegal sentence – challenging “whether the information was fatally defective and deprived the district court of jurisdiction to convict h... More

Assistance of Counsel for Probation Proceedings
Published on: Feb 04 2013
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Unconstitutional Search
Published on: Feb 04 2013
Unconstitutional Search Normal 0 false false false EN-US X-NONE X-NONE ... More

Cruel and Unusual Punishment Challenge...
Published on: Dec 05 2012
Cruel and Unusual Punishment Normal 0 false false false EN-US X-NONE X-NONE ... More

Bench Trial Objection
Published on: Oct 31 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Procedural Sentence Challenge
Published on: Oct 31 2012
Procedural Sentence Challenge Defendant Jarrod Duran was convicted in district court for possession of a firearm by a convicted felon, after he plead guilty.  United States v. Duran, 11-1308, 2012 WL 4947031, at *1 (10th Cir. 2012).  The district court found that Duran’s previously convicted crime of aggravated assault in Texas was a crime of violence and sentenced him to 41 months.  Id.  Duran, on appeal, challenges his sentence, arguing that his assault conviction was ... More

Probation & Jail Time Credit
Published on: Oct 31 2012
Probation & Jail Time Credit Heather Hopkins was convicted and sentenced in two different cases.  State v. Hopkins , 285 P.3d 1021, 1022 (Kan. 2012).  For aggravated burglary and obstruction of legal process Hopkins was sentenced to 36 months of probation, with an underlying sentence of 41 months.  Id.   For possession of cocaine Hopkins received 18 months of probation, with an underlying sentence of 11 months.  Id.   As part of her possession convict... More

Proposition 36 Promises An End To California's Punitive 3 Strikes Law
Published on: Oct 19 2012
 http://www.commondreams.org/view/2012/10/19-1 For More Information Please Contact: Erickson Scherff, LLC Attorneys at law 10990 Quivira  Suite 200 Overland Park, KS 66210 Tel (913) 948-9490 Fax (913) 491-6398 Don't Forget To Visit Our Website: www.ericksonscherff.com ... More

Allen Instruction - Tampering With A Jury
Published on: Sep 25 2012
Allen Instruction In April of 2009, a jury found defendant Corey Cornelius guilty of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy to distribute crack cocaine, and conspiracy to distribute marijuana.  United States v. Cornelius, 10-3125, 2012 WL 4075877, at *3 (10th Cir. Sept. 18, 2012).  On appeal, one of Cornelius’s many arguments was that “the district court erred by giving the jury an Allen instruction after the jury advise... More

A Look Into Crime & Why Things Are The Way They Are...
Published on: Sep 24 2012
  A Little Clarity Of How Things Really Work In America... http://publicampaign.org/sites/default/files/PICO_Report_Private_Prisons_Final.pdf For More Information Please Contact: Erickson Scherff, LLC Attorneys at law 10990 Quivira  Suite 200 Overland Park, KS 66210 Tel (913) 948-9490 Fax (913) 491-6398 Don't Forget To Visit Our Website: www.ericksonscherff.com ... More

Crime Pays - Its Time To Understand the Blueprint Behind Why America Nurtures Crime For Profit
Published on: Sep 17 2012
Read This & Forever Be Changed... Normal 0 false false false EN-US X-NONE X-NONE ... More

The Prison Industry Is Now Sadly Affecting Our Elderly...
Published on: Sep 14 2012
SADLY THIS IS NOT A JOKE. If you or anyone you know needs a Lawyer please contact:  Normal 0 false false false EN-US X-NONE X-NONE ... More

Your Rights Can Be Great Loopholes If You Have The Right Lawyer Visit Our Website @ www.ericksonscherff.com to Learn More
Published on: Sep 12 2012
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Know What your Getting Into When You Plea
Published on: Aug 29 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Kansas Offender Registration Act (KORA)
Published on: Aug 20 2012
  Kansas Offender Registration Act (KORA) Early this month, the Kansas Supreme Court held that KORA does not require a defendant to personally use a weapon during the offence for the offender registration requirements to apply.  State v. Nambo   281 P.3d 525 (Kan. 2012).  Defendant Gabriel Nambo argued that the district court and Court of Appeals should not have required him to register under KORA “because the definition of an ‘offender’ under K.S.A. 22-4902... More

Prosecutor Misconduct
Published on: Aug 06 2012
Prosecutor Misconduct The Kansas Supreme Court found last month that a prosecutor committed misconduct in the conviction of defendant John Marshall.  State v. Marshall, No.101,641 (July 2012).  At trial, Marshal was convicted of "burglary of a nonresidence, criminal damage to property, and obstruction of a legal duty."  On appeal, Marshall challenged his conviction based on an eyewitness identification of him.  Specifically, Marshall argued that "the prosecutor committ... More

More on Jessica's Law: Lifetime Parole
Published on: Jul 27 2012
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Kansas Supreme Court Hard Ruling On Jessica’s Law
Published on: Jul 24 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Fair Sentencing Debate
Published on: Jul 24 2012
   Fair Sentencing Debate Last month the Supreme Court of the United States in a 5-4 majority opinion by Justice Stephen G. Breyer, held that the Fair Sentencing Act of 2012 (FSA) is applicable when the criminal was sentenced after the FSA passed but the crime occurred before the passage.  Dorsey v. U.S. , 132 S.Ct. 2321, 2335–36. (2012).  Specifically in regards to crack cocaine, the FSA increased the statutory minimum amount of crack cocaine required fo... More

No Jail Time Credit Given
Published on: Jul 16 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Redistricting Kansas For Elections
Published on: Jul 16 2012
Redistricting Kansas After the Kansas Legislature failed to redraw the district boundaries for the United States Congress, the Kansas Senate, the Kansas House of Representatives and the Kansas Board of Education, the Kansas District Court redrew the districts itself stating, “we acted solely to remedy a legislative default.”  Essex v. Kobach , CIV. A, 12-4046-KHV, 2012 WL 2126876 (D. Kan. June 7, 2012).  The lengthy district court opinion alters the four redistrict... More

Admission of “Other Crimes or Civil Wrongs” Evidence At Trial
Published on: Jul 16 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Kansas Criminal Law Bills That Took Effect June 1
Published on: Jul 10 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

A Good Lawyer Takes Care of their Client Regardless Of Their Charges
Published on: Jul 06 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Evidence: Improper Admission of Prior Conviction Evidence
Published on: Mar 26 2013
Normal 0 false false false EN-US X-NONE X-NONE ... More

Motion to Correct Illegal Sentence
Published on: Mar 26 2013
Motion to Correct Illegal Sentence   In State v. Trotter, 295 P.3d 1039 (Kan. 2013), the Kansas Supreme Court explained the manner by which a defendant may properly raise claims in a motion to correct a legal sentence under K.S.A. 22-3504.  In Trotter, the defendant argued that the district court erred in denying his motion to correct an illegal sentence – challenging “whether the information was fatally defective and deprived the district court of jurisdiction to convict h... More

Assistance of Counsel for Probation Proceedings
Published on: Feb 04 2013
Normal 0 false false false EN-US X-NONE X-NONE ... More

Unconstitutional Search
Published on: Feb 04 2013
Unconstitutional Search Normal 0 false false false EN-US X-NONE X-NONE ... More

Cruel and Unusual Punishment Challenge...
Published on: Dec 05 2012
Cruel and Unusual Punishment Normal 0 false false false EN-US X-NONE X-NONE ... More

Bench Trial Objection
Published on: Oct 31 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Procedural Sentence Challenge
Published on: Oct 31 2012
Procedural Sentence Challenge Defendant Jarrod Duran was convicted in district court for possession of a firearm by a convicted felon, after he plead guilty.  United States v. Duran, 11-1308, 2012 WL 4947031, at *1 (10th Cir. 2012).  The district court found that Duran’s previously convicted crime of aggravated assault in Texas was a crime of violence and sentenced him to 41 months.  Id.  Duran, on appeal, challenges his sentence, arguing that his assault conviction was ... More

Probation & Jail Time Credit
Published on: Oct 31 2012
Probation & Jail Time Credit Heather Hopkins was convicted and sentenced in two different cases.  State v. Hopkins , 285 P.3d 1021, 1022 (Kan. 2012).  For aggravated burglary and obstruction of legal process Hopkins was sentenced to 36 months of probation, with an underlying sentence of 41 months.  Id.   For possession of cocaine Hopkins received 18 months of probation, with an underlying sentence of 11 months.  Id.   As part of her possession convict... More

Proposition 36 Promises An End To California's Punitive 3 Strikes Law
Published on: Oct 19 2012
 http://www.commondreams.org/view/2012/10/19-1 For More Information Please Contact: Erickson Scherff, LLC Attorneys at law 10990 Quivira  Suite 200 Overland Park, KS 66210 Tel (913) 948-9490 Fax (913) 491-6398 Don't Forget To Visit Our Website: www.ericksonscherff.com ... More

Allen Instruction - Tampering With A Jury
Published on: Sep 25 2012
Allen Instruction In April of 2009, a jury found defendant Corey Cornelius guilty of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), conspiracy to distribute crack cocaine, and conspiracy to distribute marijuana.  United States v. Cornelius, 10-3125, 2012 WL 4075877, at *3 (10th Cir. Sept. 18, 2012).  On appeal, one of Cornelius’s many arguments was that “the district court erred by giving the jury an Allen instruction after the jury advise... More

A Look Into Crime & Why Things Are The Way They Are...
Published on: Sep 24 2012
  A Little Clarity Of How Things Really Work In America... http://publicampaign.org/sites/default/files/PICO_Report_Private_Prisons_Final.pdf For More Information Please Contact: Erickson Scherff, LLC Attorneys at law 10990 Quivira  Suite 200 Overland Park, KS 66210 Tel (913) 948-9490 Fax (913) 491-6398 Don't Forget To Visit Our Website: www.ericksonscherff.com ... More

Crime Pays - Its Time To Understand the Blueprint Behind Why America Nurtures Crime For Profit
Published on: Sep 17 2012
Read This & Forever Be Changed... Normal 0 false false false EN-US X-NONE X-NONE ... More

The Prison Industry Is Now Sadly Affecting Our Elderly...
Published on: Sep 14 2012
SADLY THIS IS NOT A JOKE. If you or anyone you know needs a Lawyer please contact:  Normal 0 false false false EN-US X-NONE X-NONE ... More

Your Rights Can Be Great Loopholes If You Have The Right Lawyer Visit Our Website @ www.ericksonscherff.com to Learn More
Published on: Sep 12 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Know What your Getting Into When You Plea
Published on: Aug 29 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Kansas Offender Registration Act (KORA)
Published on: Aug 20 2012
  Kansas Offender Registration Act (KORA) Early this month, the Kansas Supreme Court held that KORA does not require a defendant to personally use a weapon during the offence for the offender registration requirements to apply.  State v. Nambo   281 P.3d 525 (Kan. 2012).  Defendant Gabriel Nambo argued that the district court and Court of Appeals should not have required him to register under KORA “because the definition of an ‘offender’ under K.S.A. 22-4902... More

Prosecutor Misconduct
Published on: Aug 06 2012
Prosecutor Misconduct The Kansas Supreme Court found last month that a prosecutor committed misconduct in the conviction of defendant John Marshall.  State v. Marshall, No.101,641 (July 2012).  At trial, Marshal was convicted of "burglary of a nonresidence, criminal damage to property, and obstruction of a legal duty."  On appeal, Marshall challenged his conviction based on an eyewitness identification of him.  Specifically, Marshall argued that "the prosecutor committ... More

More on Jessica's Law: Lifetime Parole
Published on: Jul 27 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Kansas Supreme Court Hard Ruling On Jessica’s Law
Published on: Jul 24 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Fair Sentencing Debate
Published on: Jul 24 2012
   Fair Sentencing Debate Last month the Supreme Court of the United States in a 5-4 majority opinion by Justice Stephen G. Breyer, held that the Fair Sentencing Act of 2012 (FSA) is applicable when the criminal was sentenced after the FSA passed but the crime occurred before the passage.  Dorsey v. U.S. , 132 S.Ct. 2321, 2335–36. (2012).  Specifically in regards to crack cocaine, the FSA increased the statutory minimum amount of crack cocaine required fo... More

No Jail Time Credit Given
Published on: Jul 16 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Redistricting Kansas For Elections
Published on: Jul 16 2012
Redistricting Kansas After the Kansas Legislature failed to redraw the district boundaries for the United States Congress, the Kansas Senate, the Kansas House of Representatives and the Kansas Board of Education, the Kansas District Court redrew the districts itself stating, “we acted solely to remedy a legislative default.”  Essex v. Kobach , CIV. A, 12-4046-KHV, 2012 WL 2126876 (D. Kan. June 7, 2012).  The lengthy district court opinion alters the four redistrict... More

Admission of “Other Crimes or Civil Wrongs” Evidence At Trial
Published on: Jul 16 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Kansas Criminal Law Bills That Took Effect June 1
Published on: Jul 10 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

A Good Lawyer Takes Care of their Client Regardless Of Their Charges
Published on: Jul 06 2012
Normal 0 false false false EN-US X-NONE X-NONE ... More

Resources
Published on: Oct 12 2010