Kansas Statutes Annotated
K.S.A. § 22-3503 (2026)
Arrest of judgment without motion
✓ current as of May 2026
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22-3503. Arrest of judgment without motion. Whenever the court becomes aware of the existence of grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may arrest the judgment without motion.
History: L. 1970, ch. 129, § 22-3503; July 1.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1981–2022 · leading case: State v. Dunn, 375 P.3d 332 (Kan. 2016).
State v. Dunn, 375 P.3d 332 (Kan. 2016). “22-3502 (arrest of judgment on motion); and K.S.A. 22-3503 (arrest of judgment without motion).”
State v. Sellers, 344 P.3d 950 (Kan. 2015). “: This is an appeal arising from defendant Jerry Sellers’ “Motion to Arrest Judgment Pursuant to K.S.A. 22-3503.” Sellers argued that the charging document in his Jessica’s Law case failed to include the essential element that he was age 18 or older at the time of the alleged…”
State v. Sims, 862 P.2d 359 (Kan. 1993). “Sims’ attorney filed the motion to arrest judgment under K.S.A. 22-3503, which on its face permits a trial court to arrest judgment, even without a motion, at any time during the pendency of the proceedings.”
State v. Portillo, 274 P.3d 640 (Kan. 2012). “Fortunately, we can avoid the problem of requiring a defendant to file a motion before he or she knows it is required by looking at the rationale for the Hall rule and applying the provisions of K.S.A. 22-3503. Hall noted that its requirement of a K.”
Casner v. State, 155 P.3d 1202 (Kan. Ct. App. 2007). “” Second, if no motion for arrest of judgment is filed, K.S.A. 22-3503 provides: “Whenever the court becomes aware of the existence of grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may arrest the judgment without motion.”
State v. Love, 625 P.2d 7 (Kan. Ct. App. 1981). “On February 20, 1980, the State moved to arrest judgment pursuant to K.S.A. 22-3503 based upon the Supreme Court’s ruling in State v.”
State v. Unruh, 915 P.2d 744 (Kan. 1996). “The information or indictment in this case did charge a crime, and the court had jurisdiction over the crime charged.”
State v. Hall, 793 P.2d 737 (Kan. 1990). “The authority has been carried forward in our present criminal code at K.S.A. 22-3503, Arrest of judgment without motion: “Whenever the court becomes aware of the existence of "grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may…”
State v. Dunn (Kan. 2016). “22-3502 (arrest of judgment on motion); and K.S.A. 22-3503 (arrest of judgment without motion).”
State v. Reed (Kan. Ct. App. 2021). “The proper remedy here requires that Reed's conviction for unlawful possession of a firearm be reversed and his sentence vacated.”
State v. Severs (Kan. Ct. App. 2021). “22-3501 AND K.S.A. 22-3503." Severs contended the district court lacked jurisdiction because the State did not charge him via an indictment and argued that numerous trial errors and ineffective assistance of counsel necessitated the granting of a new trial.”
Sellers (ID 99071) v. Langford (D. Kan. 2022). “Meanwhile, on October 10, 2012, while that appeal was pending, Petitioner filed in state court a motion to arrest judgment under K.S.A. 22-3503, arguing that a defective charging document deprived the district court of jurisdiction to convict him.”
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