K.S.A. » Chapter 22

K.S.A. § 22-3602

Appeals by defendant, when; appeals by prosecution; transfers to supreme court

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22-3602. Appeals by defendant, when; appeals by prosecution; transfers to supreme court. (a) Except as otherwise provided, an appeal to the appellate court having jurisdiction of the appeal may be taken by the defendant as a matter of right from any judgment against the defendant in the district court and upon appeal any decision of the district court or intermediate order made in the progress of the case may be reviewed. No appeal shall be taken by the defendant from a judgment of conviction before a district judge upon a plea of guilty or nolo contendere, except that jurisdictional or other grounds going to the legality of the proceedings may be raised by the defendant as provided in K.S.A. 60-1507, and amendments thereto.

(b) Appeals to the court of appeals may be taken by the prosecution from cases before a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, as a matter of right in the following cases, and no others:

(1) From an order dismissing a complaint, information or indictment;

(2) from an order arresting judgment;

(3) upon a question reserved by the prosecution; or

(4) upon an order granting a new trial in any case involving a class A or B felony or for crimes committed on or after July 1, 1993, in any case involving an off-grid crime.

(c) Procedures for appeals by the prosecution enumerated in subsection (b) shall be as provided in supreme court rules.

(d) Appeals to a district judge may be taken by the prosecution from cases before a district magistrate judge who is not regularly admitted to practice law in Kansas as a matter of right in the cases enumerated in subsection (b) and from orders enumerated in K.S.A. 22-3603, and amendments thereto.

(e) Any criminal case on appeal to the court of appeals may be transferred to the supreme court as provided in K.S.A. 20-3016 and 20-3017, and amendments thereto, and any party to such case may petition the supreme court for review of any decision of the court of appeals as provided in subsection (b) of K.S.A. 20-3018, and amendments thereto, except that any such party may appeal to the supreme court as a matter of right in any case in which a question under the constitution of either the United States or the state of Kansas arises for the first time as a result of the decision of the court of appeals.

(f) For crimes committed on or after July 1, 1993, an appeal by the prosecution or the defendant relating to sentences imposed pursuant to a presumptive sentencing guidelines system as provided in K.S.A. 21-4701 et seq., prior to their repeal, or the revised Kansas sentencing guidelines act, article 68 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, shall be as provided in K.S.A. 21-4721, prior to its repeal, or K.S.A. 21-6820, and amendments thereto.

History: L. 1970, ch. 129, § 22-3602; L. 1976, ch. 167, § 1; L. 1977, ch. 112, § 9; L. 1986, ch. 115, § 65; L. 1987, ch. 117, § 1; L. 1992, ch. 239, § 263; L. 1993, ch. 291, § 196; L. 1999, ch. 159, § 7; L. 2011, ch. 30, § 133; L. 2014, ch. 71, § 2; July 1.

Notes of Decisions
Cited in 506 cases (75 in the last 5 years), 1978–2026 · leading case: State v. Berreth
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State v. Berreth (2012) kan · cites it 65× “, we dismissed the State's appeal for lack of jurisdiction because its notice of appeal cited only the general statute, K.S.A. 22-3602—not its subsection (b)(3)—to claim a question reserved.”
– State v. Smith – (2020) kan · cites it 28× “K.S.A. 22-3602 discusses what appeals are "permitted.”
State v. Marinelli (2018) kan · cites it 24× “Appeals from the district court to the Court of Appeals in criminal cases are subject to K.S.A. 2017 Supp. 22-3601 and K.S.A. 2017 Supp.”
State v. Clark (2021) kan · cites it 14× “K.S.A. 2020 Supp. 22-3601 defines those criminal cases in which an appeal shall be taken directly to the Supreme Court and designates the Court of Appeals as the proper forum for all other appeals permitted to be taken from a district court's final judgment in a criminal case.”
State v. Barlow (2016) kan · cites it 8× “22-3602(b)(2) (appeal from order arresting judgment) and K.S.A. 2014 Supp. 22-3602(b)(3) (question reserved), the State was bound by its selections.”
State v. Crozier (1978) kan · cites it 18× “" From this judgment the state appealed to this court pursuant to K.S.A. 1977 Supp. 22-3602( b ), which provides as follows: "22-3602.”
State v. Grimes (1981) kan · cites it 19× “The State responded, alleging that the State was challenging the propriety of the order granting a new trial as a "question reserved" under K.S.A. 1978 Supp. 22-3602( b )(3). On January 25, 1980, we summarily sustained defendant's motion and dismissed the appeal.”
State v. Young (2021) kan · cites it 8× “No question arises about the jurisdictional limits set out in K.S.A. 2020 Supp. 22-3601. The second statute addressing jurisdiction over criminal appeals referenced in K.”
State v. Skolaut (2008) kan · cites it 5× “2d 398 (1998), we held: ‘ “Questions reserved by the State in a criminal prosecution, under K.S.A. 22-3602(b) [Furse], will not be entertained on appeal merely to demonstrate whether error has been committed by the trial court.”
State v. McCroy (2020) kanctapp · cites it 20× “K.S.A. 22-3602 distinguishes between the appellate rights of defendants and the prosecution.”
State v. Harrold (1986) kan · cites it 14× “" Prior to the enactment of K.S.A. 22-3602, quoted above, K.S.A. 1972 Supp.”
State v. McCroy (2021) kan · cites it 7× “The panel held the State's appeal did not fall into the limited circumstances in which the State may appeal in a criminal case as set forth in K.S.A. 2018 Supp. 22-3602. The panel also held "K.”
Show all 506 citing cases →
— K.S.A. § 22-3602(a) — 141 cases
State v. Marinelli (2018) kan “Appeals from the district court to the Court of Appeals in criminal cases are subject to K.S.A. 2017 Supp. 22-3601 and K.S.A. 2017 Supp.”
– State v. Smith – (2020) kan “K.S.A. 22-3602 discusses what appeals are "permitted.”
State v. Solomon (1995) kan
State v. Harrold (1986) kan “" Prior to the enactment of K.S.A. 22-3602, quoted above, K.S.A. 1972 Supp.”
State v. McGaugh (2018) kanctapp
— K.S.A. § 22-3602(b) — 57 cases
State v. Berreth (2012) kan “, we dismissed the State's appeal for lack of jurisdiction because its notice of appeal cited only the general statute, K.S.A. 22-3602—not its subsection (b)(3)—to claim a question reserved.”
State v. Clark (2021) kan “K.S.A. 2020 Supp. 22-3601 defines those criminal cases in which an appeal shall be taken directly to the Supreme Court and designates the Court of Appeals as the proper forum for all other appeals permitted to be taken from a district court's final judgment in a criminal case.”
State v. Freeman (1984) kan
State v. Ruff (1993) kan
State v. McCroy (2021) kan “The panel held the State's appeal did not fall into the limited circumstances in which the State may appeal in a criminal case as set forth in K.S.A. 2018 Supp. 22-3602. The panel also held "K.”
— K.S.A. § 22-3602(b)(1) — 60 cases
State v. Berreth (2012) kan “, we dismissed the State's appeal for lack of jurisdiction because its notice of appeal cited only the general statute, K.S.A. 22-3602—not its subsection (b)(3)—to claim a question reserved.”
State v. Barlow (2016) kan “22-3602(b)(2) (appeal from order arresting judgment) and K.S.A. 2014 Supp. 22-3602(b)(3) (question reserved), the State was bound by its selections.”
State v. Betts (2022) kan
State v. Garza (2012) kan
State v. Mejia (2020) kanctapp
— K.S.A. § 22-3602(b)(2) — 9 cases
State v. Barlow (2016) kan “22-3602(b)(2) (appeal from order arresting judgment) and K.S.A. 2014 Supp. 22-3602(b)(3) (question reserved), the State was bound by its selections.”
Casner v. State (2007) kanctapp
State v. Crozier (1978) kan “" From this judgment the state appealed to this court pursuant to K.S.A. 1977 Supp. 22-3602( b ), which provides as follows: "22-3602.”
State v. Sims (1993) kan
State v. Woodling (1998) kan
— K.S.A. § 22-3602(b)(3) — 122 cases
State v. Berreth (2012) kan “, we dismissed the State's appeal for lack of jurisdiction because its notice of appeal cited only the general statute, K.S.A. 22-3602—not its subsection (b)(3)—to claim a question reserved.”
State v. Skolaut (2008) kan “2d 398 (1998), we held: ‘ “Questions reserved by the State in a criminal prosecution, under K.S.A. 22-3602(b) [Furse], will not be entertained on appeal merely to demonstrate whether error has been committed by the trial court.”
State v. Barlow (2016) kan “22-3602(b)(2) (appeal from order arresting judgment) and K.S.A. 2014 Supp. 22-3602(b)(3) (question reserved), the State was bound by its selections.”
State v. Taylor (1997) kan
State v. McCarley (2007) kanctapp
— K.S.A. § 22-3602(b)(4) — 2 cases
Moll v. State (2009) kanctapp
State v. Neal (1988) kan
— K.S.A. § 22-3602(b)(l) — 90 cases
State v. Barlow (2016) kan “22-3602(b)(2) (appeal from order arresting judgment) and K.S.A. 2014 Supp. 22-3602(b)(3) (question reserved), the State was bound by its selections.”
State v. Berreth (2012) kan “, we dismissed the State's appeal for lack of jurisdiction because its notice of appeal cited only the general statute, K.S.A. 22-3602—not its subsection (b)(3)—to claim a question reserved.”
State v. Roberts (2011) kan
State v. Ryce (2016) kan
State v. Huff (2004) kan
— K.S.A. § 22-3602(c) — 8 cases
State v. Kleen (1995) kan
State v. Zimmerman & Schmidt (1983) kan
State v. Farmer (1996) kan
State v. Hurla (2002) kan
State v. Green (1983) kan
— K.S.A. § 22-3602(d) — 7 cases
State v. Rose (2001) kanctapp
McPherson v. State (2007) kanctapp
Kargus v. State (2007) kan
State v. Thomas (1986) kan
Foy v. State (1993) kanctapp
— K.S.A. § 22-3602(e) — 37 cases
State v. Ward (2011) kan
State v. Spencer Gifts, LLC (2016) kan
State v. Hanke (2018) kan
State v. Crawford (2014) kan
State v. Snellings (2012) kan
— K.S.A. § 22-3602(f) — 10 cases
State v. Young (2021) kan “No question arises about the jurisdictional limits set out in K.S.A. 2020 Supp. 22-3601. The second statute addressing jurisdiction over criminal appeals referenced in K.”
State v. McCroy (2021) kan “The panel held the State's appeal did not fall into the limited circumstances in which the State may appeal in a criminal case as set forth in K.S.A. 2018 Supp. 22-3602. The panel also held "K.”
State v. Clark (2021) kan “K.S.A. 2020 Supp. 22-3601 defines those criminal cases in which an appeal shall be taken directly to the Supreme Court and designates the Court of Appeals as the proper forum for all other appeals permitted to be taken from a district court's final judgment in a criminal case.”
State v. Key (2013) kan
State v. McCarley (2007) kanctapp
— K.S.A. § 22-3602(fc) — 1 case
State v. Crozier (1978) kan “" From this judgment the state appealed to this court pursuant to K.S.A. 1977 Supp. 22-3602( b ), which provides as follows: "22-3602.”
— K.S.A. § 22-3602(fc)(3) — 1 case
State v. Galloway (1984) kan
— K.S.A. § 22-3602(fc)(l) — 1 case
State v. Boos (1983) kan
— K.S.A. § 22-3602(fe)(3) — 1 case
State v. Grimes (1981) kan “The State responded, alleging that the State was challenging the propriety of the order granting a new trial as a "question reserved" under K.S.A. 1978 Supp. 22-3602( b )(3). On January 25, 1980, we summarily sustained defendant's motion and dismissed the appeal.”
— K.S.A. § 22-3602(fe)(l) — 3 cases
State v. Grimes (1981) kan “The State responded, alleging that the State was challenging the propriety of the order granting a new trial as a "question reserved" under K.S.A. 1978 Supp. 22-3602( b )(3). On January 25, 1980, we summarily sustained defendant's motion and dismissed the appeal.”
State v. Freeman (1983) kan
State v. Ransom (1983) kan
— K.S.A. § 22-3602(fo)(3) — 1 case
State v. Reeves (1983) kan
— K.S.A. § 22-3602(fo)(l) — 4 cases
State v. Bickford (1983) kan
State v. Jones (1983) kan
State v. Compton (1983) kan
State v. Hunter (1983) kan
— K.S.A. § 22-3602(h) — 3 cases
State v. Crozier (1978) kan “" From this judgment the state appealed to this court pursuant to K.S.A. 1977 Supp. 22-3602( b ), which provides as follows: "22-3602.”
State v. Zimmerman & Schmidt (1983) kan
State v. Puckett (1980) kan
— K.S.A. § 22-3602(h)(3) — 7 cases
State v. Grimes (1981) kan “The State responded, alleging that the State was challenging the propriety of the order granting a new trial as a "question reserved" under K.S.A. 1978 Supp. 22-3602( b )(3). On January 25, 1980, we summarily sustained defendant's motion and dismissed the appeal.”
State v. Jones (1982) kan
State v. Fish (1980) kan
State v. Busse (1982) kan
State v. Smith (1982) kan
— K.S.A. § 22-3602(h)(l) — 6 cases
State v. Fisher (1983) kan
State v. Bickford (1983) kan
State v. Russell (1981) kan
State Ex Rel. Owens v. Colby (1982) kan
State v. Ward (1983) kan
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