Wetrich test (Kansas) · Go Syfert
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Wetrich test in Kansas

11 Kansas opinions name it 2 courts 2019–2025 6 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Wetrichgreen
kan · 2018 · cited in 5 Kansas opinions naming this issue, 2021–2025
2 sentences

2024Under the Wetrich framework, an out-of-state offense is comparable to a Kansas crime if the elements of the out-of-state crime are "identical to, or narrower than, the elements of the Kansas crime to which it is being referenced." 307 Kan. at 562 .

2024Under the Wetrich framework, an out-of-state offense is comparable to a Kansas crime if the elements of the out-of-state crime are "identical to, or narrower than, the elements of the Kansas crime to which it is being referenced." 307 Kan. at 562 .

25
State v. Williamsgreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2020–2020
1 sentence

2020See Coleman, 2017 WL 1104789 , at *3 ("[W]hen examining prior conviction statutes, they need only be comparable, not identical.") (citing Williams, 299 Kan. at 873 ).

11
State v. Obregongreen
kan · 2019 · cited in 1 Kansas opinions naming this issue, 2020–2020
2 sentences

2020See State v. Obregon, 309 Kan. 1267, 1271 , 444 P.3d 331 (2019) (applying Wetrich in a direct appeal sentencing case; reasoning "'a party may seek and obtain the benefit of a change in the law during the pendency of a direct appeal'"). (2) Was the classification correct for Coleman's sentences on the 2015 convictions?

2020See State v. Obregon, 309 Kan. 1267, 1271 , 444 P.3d 331 (2019) (applying Wetrich in a direct appeal sentencing case; reasoning "'a party may seek and obtain the benefit of a change in the law during the pendency of a direct appeal'"). (2) Was the classification correct for Coleman's sentences on the 2015 convictions?

11
State v. Browngreen
kan · 2012 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019See State v. Brown , 295 Kan. 181 , 194, 284 P.3d 977 (2012).

2019See State v. Brown , 295 Kan. 181 , 194, 284 P.3d 977 (2012).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Vandervort green
kan · 2003
2 sentences

2019Under Vandervort , the offenses need only be comparable, not identical. 276 Kan. at 179 , 72 P.3d 925 .

2019Under Vandervort , the offenses need only be comparable, not identical. 276 Kan. at 179 , 72 P.3d 925 .

22019–2019
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2022According to Moore, use of the Wetrich standard is required under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S. Ct. 2348 , 147 L.

2022According to Moore, use of the Wetrich standard is required under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S. Ct. 2348 , 147 L.

12022–2022
– State v. Williams – green
kan · 2020
2 sentences

2020See K.S.A. 2019 Supp. 22-3504(c)(1) ("A sentence is not an 'illegal sentence' because of a change in the law that occurs after the sentence is pronounced."); State v. Weber, 309 Kan. 1203 , 1209, 442 P.3d 1044 (2019) (holding that Wetrich was a "change in the law"); State v. Williams, __ Kan. __, 456 P.3d 540 , 546-47 (2020) (applying Wetrich when a direct appeal was pending when Wetrich was decided). 4 Wetrich doesn't apply here.

2020See K.S.A. 2019 Supp. 22-3504(c)(1) ("A sentence is not an 'illegal sentence' because of a change in the law that occurs after the sentence is pronounced."); State v. Weber, 309 Kan. 1203 , 1209, 442 P.3d 1044 (2019) (holding that Wetrich was a "change in the law"); State v. Williams, __ Kan. __, 456 P.3d 540 , 546-47 (2020) (applying Wetrich when a direct appeal was pending when Wetrich was decided). 4 Wetrich doesn't apply here.

12020–2020
State v. Weber green
kan · 2019
2 sentences

2020See K.S.A. 2019 Supp. 22-3504(c)(1) ("A sentence is not an 'illegal sentence' because of a change in the law that occurs after the sentence is pronounced."); State v. Weber, 309 Kan. 1203 , 1209, 442 P.3d 1044 (2019) (holding that Wetrich was a "change in the law"); State v. Williams, __ Kan. __, 456 P.3d 540 , 546-47 (2020) (applying Wetrich when a direct appeal was pending when Wetrich was decided). 4 Wetrich doesn't apply here.

2020See K.S.A. 2019 Supp. 22-3504(c)(1) ("A sentence is not an 'illegal sentence' because of a change in the law that occurs after the sentence is pronounced."); State v. Weber, 309 Kan. 1203 , 1209, 442 P.3d 1044 (2019) (holding that Wetrich was a "change in the law"); State v. Williams, __ Kan. __, 456 P.3d 540 , 546-47 (2020) (applying Wetrich when a direct appeal was pending when Wetrich was decided). 4 Wetrich doesn't apply here.

12020–2020

Statutes the citing opinions construe

KS § K.S.A. § 21-6811 (10) KS § K.S.A. § 21-6801 (8) KS § K.S.A. § 21-6804 (6) KS § K.S.A. § 22-3504 (6) KS § K.S.A. § 21-6810 (5) KS § K.S.A. § 21-3715 (4) KS § K.S.A. § 21-6809 (4) KS § K.S.A. § 21-6814 (4) KS § K.S.A. § 20-3018 (3) KS § K.S.A. § 21-4711 (3) KS § K.S.A. § 21-5413 (3) KS § K.S.A. § 60-2101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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