22-3606.
Procedure on appeal.
Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.
History:
L. 1970, ch. 129, § 22-3606; L. 1971, ch. 114, § 9; L. 1975, ch. 178, § 25; January 10, 1977.
CASE ANNOTATIONS
1. Appellate court may not reinstate a jury verdict of guilty once there has been an acquittal. State v. Gustin, 212 Kan. 475, 481, 510 P.2d 1290.
2. Applied; appeal from order suspending imposition of sentence held timely filed. State v. Brady, 2 Kan. App. 2d 382, 383, 384, 580 P.2d 434. Syl. ¶ 2 and corresponding statements in Brady opinion overruled. State v. Moses, 227 Kan. 400, 403, 607 P.2d 477.
3. Cited in holding appeal not timely filed. State v. Moses, 227 Kan. 400, 403, 607 P.2d 477.
4. Cited in holding premature notice of appeal timely filed. State v. Bohannon, 3 Kan. App. 2d 448, 451 P.2d 190.
5. Time that unauthorized interlocutory appeal by the state is pending and time secured by the defendant to respond not charged against accused in computing time limit for speedy trial; judgment affirmed. State v. Grimes, 229 Kan. 143, 145, 622 P.2d 143.
7. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 Kan. App. 2d 122, 123, 764 P.2d 134 (1988).
8. Relevance of delay in filing appeal and habeas corpus petitions, absence of prejudice to state in responding examined. Hannon v. Maschner, 845 F.2d 1553 (10th Cir. 1988).
9. Whether city attorney and municipal court actually receive notice of appeal as immaterial in perfection of appeal determined. City of Dodge City v. Rabe, 14 Kan. App. 2d 468, 474, 794 P.2d 301 (1990).
10. Whether appellate court lacks jurisdiction to consider new issues raised in untimely amended notice of appeal examined. State v. Grant, 19 Kan. App. 2d 686, 688, 875 P.2d 986 (1994).
11. Criminal defendant facing an appeal by the state is authorized to file a cross-appeal. State v. Herman, 50 Kan. App. 2d 316, 324 P.3d 1134 (2014).
State v. McGaugh, 427 P.3d 978 (Kan. Ct. App. 2018). · cites it 5ד60-2102(a)(4) is included in the code of civil procedure and relates solely to appeals in civil cases.”
State v. Berreth, 273 P.3d 752 (Kan. 2012). · cites it 2ד60-2103(b) states in part: "The notice of appeal shall specify the parties taking the appeal; shall designate the judgment or part thereof appealed from, and shall name the appellate court to which the appeal is taken.”
State v. Rocheleau, 415 P.3d 422 (Kan. 2018). · cites it 2ד22-3601 (appellate jurisdiction in criminal cases); K.S.A. 22-3606 (procedure on appeal in criminal cases); K.”
State v. Herman, 324 P.3d 1134 (Kan. Ct. App. 2014). · cites it 6ד02; K.S.A. 22-3606; & K.S.A. 60-2103(h).” The notice specifically stated the defendant cross-appeals the following issues: “(1) [T]he failure to sustain Defendant’s objections to prior convictions occurring prior to July 1, 2001 for use in sentencing; (2) the denial of…”
State v. Grant, 875 P.2d 986 (Kan. Ct. App. 1994). · cites it 3דIn support of this position, Grant points to K.S.A. 22-3606. K.S.A. 22-3606 provides: “Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern…”
State v. Moses, 607 P.2d 477 (Kan. 1980). “K.S.A. 1979 Supp. 22-3606 provides that: “Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.”
State v. Freeman, 689 P.2d 885 (Kan. 1984). “K.S.A. 22-3606 provides that: “Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.”
State v. Cheun-Phon Ji, 872 P.2d 748 (Kan. 1994). “The amicus curiae notes K.S.A. 22-3606 states that unless otherwise provided by either statute or Supreme Court rule, the rules of civil appellate procedure apply to criminal appeals.”
State v. Bohannon, 596 P.2d 190 (Kan. Ct. App. 1979). “K.S.A. 1978 Supp. 22-3606 provides that unless otherwise provided by statute or rule of the Supreme Court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.”
State v. Long, 281 P.3d 176 (Kan. 2012). “See K.S.A. 22-3606; K.S.A. 60-2103(b); State v.”
State v. Walker, 334 P.3d 901 (Kan. Ct. App. 2014). · cites it 7דK.S.A. 22-3606 provides: "Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases.”
City of Derby v. Haskins, 3 P.3d 557 (Kan. Ct. App. 2000). “While research reveals no case specifically addressing the impact of K.”
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