K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3422 (2026)

Allocution

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22-3422. Allocution. When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, or the finding of the court and asked whether he has any legal cause to show why judgment should not be rendered. If none is shown the court shall pronounce judgment against the defendant.

History: L. 1970, ch. 129, § 22-3422; July 1.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1981–2023 · leading case: State v. Stallings, 163 P.3d 1232 (Kan. 2007).
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State v. Stallings, 163 P.3d 1232 (Kan. 2007). · cites it 6× “See K.S.A. 22-3422; K.S.A. 22-3424(e). Likewise, the unique sentencing scheme in a death penalty case, which utilizes a jury, is a creature of statute.”
State v. Duke, 887 P.2d 110 (Kan. 1994). · cites it 8× “K.S.A. 22-3422 requires that when the defendant appears for judgment, the court must inform the defendant of the verdict of the jury and also ask if the defendant has any legal cause why judgment should not be rendered.”
State v. Valladarez, 206 P.3d 879 (Kan. 2009). · cites it 5× “Two statutes, K.S.A. 22-3422 and K.S.A. 22-3424(e)(4), “provide the defendant with statutory rights which are historically known as ‘allocution.”
State v. Green, 867 P.2d 366 (Kan. 1994). · cites it 5× “cluding hearsay testimony at the motion for new trial; (4) permitting a State’s witness to testily as to an out-of-court statement made by defendant; (5) finding defendant’s right to a fair trial had not been violated by prosecutorial misconduct; (6) instructing the jury on…”
State v. Heide, 822 P.2d 59 (Kan. 1991). · cites it 6× “K.S.A. 22-3422 provides: “When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, or the finding of the court and asked whether he has any legal cause to show why judgment should not be rendered.”
State v. Webb, 748 P.2d 875 (Kan. 1988). · cites it 3× “Such allocution is provided a criminal defendant under K.S.A. 22-3422. Historically, the term “allocution” has been applied also to the right to speak at sentencing.”
State v. Borders, 879 P.2d 620 (Kan. 1994). · cites it 3× “22-3424(4)(c) clearly requires the court to address the defendant personally and “ask the defendant if the defendant wishes to make a statement on the defendant’s own behalf and to present any evidence in mitigation of punishment.”
State v. Vanderveen, 915 P.2d 57 (Kan. 1996). · cites it 4× “K.S.A. 22-3422 and K.S.A. 22-3424(e) provide the defendant with statutory rights known as allocution.”
State v. Haines, 712 P.2d 1211 (Kan. 1986). · cites it 2× “K.S.A. 22-3422 provides that, following a plea or verdict of guilty, when defendant appears for judgment, the court shall *481 "pronounce judgment against the defendant.”
State v. Phillips, 210 P.3d 93 (Kan. 2009). “” This conclusion is further supported by the allocution statute, K.S.A. 22-3422, which states: “When the defendant appears for judgment, he must be informed by the court of the verdict of the jury, or the finding of the court and asked whether he has any legal cause to show why…”
State v. Green, 666 P.2d 716 (Kan. 1983). · cites it 2× “Under K.S.A. 22-3422, the court in a criminal case, following either a verdict of guilty or a finding of guilty by the trial court or after entry of a plea of guilty, pronounces a judgment of conviction against the defendant.”
State v. Johnson, 872 P.2d 247 (Kan. 1994). · cites it 2× “The defendant contends that the court failed to properly provide his right of allocution pursuant to K.S.A. 22-3422 and K.S.A. 1993 Supp. 22-3424(4).”
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