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Kansas Statutes Chapter 22. Criminal Procedure § 22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district court or in which a direct appeal to the supreme court is required. Whenever an interlocutory appeal is permitted in a criminal case in the district court, such appeal shall be taken to the court of appeals.

(b) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken directly to the supreme court in the following cases:

(1) Any case in which a statute of this state or of the United States has been held unconstitutional;

(2) any case in which the defendant has been convicted of a class A felony;

(3) any case in which a maximum sentence of life imprisonment has been imposed, unless the maximum sentence has been imposed pursuant to K.S.A. 21-4643, prior to its repeal, or K.S.A. 21-6627, and amendments thereto; and

(4) except as provided further, any case in which the crime was committed on or after July 1, 1993, and the defendant has been convicted of an off-grid crime. The provisions of this paragraph shall not apply to any case in which the off-grid crime was:

(A) Aggravated human trafficking, K.S.A. 21-5426(c)(3), and amendments thereto;

(B) rape, K.S.A. 21-5503(b)(2)(B), and amendments thereto;

(C) aggravated criminal sodomy, K.S.A. 21-5504(c)(2)(B)(ii), and amendments thereto;

(D) aggravated indecent liberties with a child, K.S.A. 21-5506(c)(2)(C)(ii), and amendments thereto;

(E) sexual exploitation of a child, K.S.A. 21-5510(b)(2)(B), and amendments thereto;

(F) aggravated internet trading in child pornography, K.S.A. 21-5514(c)(3), and amendments thereto;

(G) commercial sexual exploitation of a child, K.S.A. 21-6422(b)(2), and amendments thereto; or

(H) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony.

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Cite this article: FindLaw.com - Kansas Statutes Chapter 22. Criminal Procedure § 22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-22-criminal-procedure/ks-st-sect-22-3601/

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