Printable Format22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases. (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.
History: L. 1970, ch. 129, § 22-3601; L. 1975, ch. 178, § 21; L. 1989, ch. 102, § 1; L. 1992, ch. 239, § 262; L. 2011, ch. 100, § 9; L. 2013, ch. 120, § 26; L. 2017, ch. 78, § 19; July 1.
Source or Prior Law:
62-1701.
Law Review and Bar Journal References:
Legislative survey, "New Kansas Court of Appeals," Richard V. Lohman, 15 W.L.J. 194, 198, 199 (1976).
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 272 (1977).
Constitutionality of the use of lay judges in Kansas, 25 K.L.R. 275, 276 (1977).
"The Kansas Court of Appeals: A Response to Judicial Need," Paul E. Wilson, 25 K.L.R. 1, 17 (1976).
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 192 (1979).
"Survey of Kansas Law: Evidence," Spencer A. Gard, 27 K.L.R. 225, 226 (1979).
"Constitutional Law: Everything You Say Can and Will Be Used Against You in a Court of Law...or Will It? [State v. Rakestraw, 871 P.2d 1274 (Kan. 1994)]," Thomas J. Parascandola, 34 W.L.J. 174, 185 (1994).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
"Habeas Corpus in Kansas: The Great Writ Affords Postconviction Relief at K.S.A. 60-1507," Martha J. Coffman, 67 J.K.B.A. No. 1, 16 (1998).
Criminal Procedure Edition, 47 K.L.R. 937 (1999).
"Writing to the Kansas Appellate Courts: A Lesson in Appellate Jurisdiction," Autumn Fox, 69 J.K.B.A. No. 4, 32 (2000).
"Criminal Procedure Survey of Cases," 48 K.L.R. 895 (2000).
"Giving Credit When Credit is Due, The Kansas Law on Jail Time Credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000).
"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).
"Criminal Procedure Survey of Recent Cases," 53 K.L.R. 983 (2005).
CASE ANNOTATIONS
1. Petitioner not entitled to federal habeas corpus relief while appeal still pending in state supreme court. Denny v. State of Kansas, 436 F.2d 587.
2. Appeal of guilty plea conviction under K.S.A. 21-734 dismissed for lack of jurisdiction; proper remedy under K.S.A. 60-1507. State v. Mitchell, 210 Kan. 470, 471, 502 P.2d 850.
3. Purported appeal governed by this section; dismissed. State v. Scott, 211 Kan. 68, 505 P.2d 703.
4. Appeal properly dismissed hereunder following conviction on guilty plea; K.S.A. 60-1507 grounds without merit. Mayberry v. State, 213 Kan. 199, 515 P.2d 819.
5. Guilty plea entered; appellate review precluded hereunder; issues should have been raised and adjudicated in K.S.A. 60-1507 proceeding. State v. Dunham, 213 Kan. 469, 470, 517 P.2d 150.
6. Court of appeals lacks jurisdiction; appeal from a judgment of conviction upon a plea of nolo contendere. Esters v. State, 1 Kan. App. 2d 503, 504, 571 P.2d 32.
7. Appeal in criminal action from pre-trial order denying motion for discharge of grounds of double jeopardy dismissed; not appealable order. State v. Fisher, 2 Kan. App. 2d 353, 355, 379 P.2d 167.
8. Appeal dismissed; sentence must be imposed or imposition of sentence suspended in order to have a final appealable judgment. City of Topeka v. Martin, 3 Kan. App. 2d 105, 590 P.2d 106.
9. Jurisdiction lacking for appeal of conviction of involuntary manslaughter; sentence deferred, not suspended. State v. Lottman, 6 Kan. App. 2d 741, 633 P.2d 1178 (1981).
10. No appeal lies where district court reversed municipal court and remanded for further proceedings now pending. City of Kansas City v. Sherman, 9 Kan. App. 2d 757, 758, 687 P.2d 1383 (1984).
11. Cited; court of appeals' jurisdiction of habeas corpus issue also on direct appeal to supreme court examined. In re Habeas Corpus Application of Maas, 11 Kan. App. 2d 597, 730 P.2d 368 (1986).
12. Cited; differences between K.S.A. 22-3504 and 60-1507 examined; purpose of K.S.A. 22-3504(2) is to minimize difficulties encountered in a K.S.A. 60-1507 action. State v. Thomas, 239 Kan. 457, 460, 720 P.2d 1059 (1986).
13. 1972 Supp. cited; any defendant whether convicted by plea or trial, may challenge sentence on appeal (K.S.A. 22-3602). State v. Harrold, 239 Kan. 645, 646, 649, 722 P.2d 563 (1986).
14. Constitutionality of marijuana and controlled substances tax act (K.S.A. 79-5201 et seq.), uses of information obtained thereunder determined. State v. Durrant, 244 Kan. 522, 524, 769 P.2d 1174 (1989).
15. Unreasonable scope and duration of seizure examined where passengers checked and car searched following ticketing of driver. State v. Damm, 246 Kan. 220, 787 P.2d 1185 (1990).
16. Consequences of third or subsequent conviction of driving with suspended license determined. State v. Harpool, 246 Kan. 226, 227, 788 P.2d 281 (1990).
17. Provisions of K.S.A. 21-4301(1), (2) and (3)(c) prohibiting dissemination of obscene devices determined as unconstitutional prohibition on therapeutic devices. State v. Hughes, 246 Kan. 607, 792 P.2d 1023 (1990).
18. Constitution and legislature have vested in district courts subject matter jurisdiction for felony cases. State v. Hall, 246 Kan. 728, 757, 793 P.2d 737 (1990).
19. Waiver of counsel before knowledge of charge, possibility of crime committed by another, ex parte material witness bond hearing, instructions on lesser offenses and premeditation examined. State v. Hamons, 248 Kan. 51, 52, 805 P.2d 6 (1991).
20. Alleged amnesia and competency to stand trial examined. State v. Owens, 248 Kan. 273, 274, 807 P.2d 101 (1991).
21. New trial motion (K.S.A. 22-3501) and K.S.A. 60-1507 motion attacking sentence as proceeding simultaneously noted. State v. Harris, 249 Kan. 410, 413, 819 P.2d 1169 (1991).
22. Lack of jurisdiction to consider appeals from statutory minimum sentences noted; restitution order examined. State v. Beechum, 251 Kan. 194, 195, 833 P.2d 988 (1992).
23. Multiplicity of convictions for aggravated kidnapping and aggravated robbery, jurisdiction over defendant transferred from another county examined. State v. Hammond, 251 Kan. 501, 502, 837 P.2d 816 (1992).
24. Failure to request instructions on lesser offense, diminished capacity; court's failure to inform jury on parole eligibility likelihood examined. State v. Perez, 251 Kan. 736, 737, 840 P.2d 1118 (1992).
25. Propriety of admission of prior convictions on cross-examination, multiplicity of aggravated kidnapping and rape examined. State v. Blackburn, 251 Kan. 787, 840 P.2d 497 (1992).
26. Effect of errors involving defendant's right to allocution (K.S.A. 22-3424) examined. State v. Spencer, 252 Kan. 186, 843 P.2d 236 (1992).
27. Standard of review following maximum sentence of life imprisonment, admissibility of physical evidence, failure to instruct on involuntary intoxication examined. State v. Cooper, 252 Kan. 340, 341, 845 P.2d 631 (1993).
28. Failure to instruct on lesser offenses of first-degree murder, failure to suppress confession examined. State v. McBroom, 252 Kan. 376, 377, 845 P.2d 654 (1993).
29. Jurisdiction hereunder where defendant received maximum sentence of life imprisonment for conviction of aggravated battery of law enforcement officer. State v. Chandler, 252 Kan. 797, 850 P.2d 803 (1993).
30. Jurisdiction hereunder upon conviction of aggravated kidnapping and attempted first-degree murder; ex parte conversation between judge and ill juror, absence of voluntary intoxication instruction considered. State v. Minski, 252 Kan. 806, 807, 850 P.2d 809 (1993).
31. Direct appeal to Supreme Court authorized for felony murder conviction. State v. Bradford, 254 Kan. 133, 134, 864 P.2d 680 (1993).
32. Appeal of hard 40 is automatic upon imposition of sentence even if defendant fails to timely perfect appeal. State v. Alford, 257 Kan. 830, 837, 896 P.2d 1059 (1995).
33. For cases decided before KSGA (K.S.A. 21-4701 et seq.) time for notice of appeal commences from date sentence is orally announced. State v. Bost, 21 Kan. App. 2d 560, 563, 903 P.2d 160 (1995).
34. Error to fail to give instruction on second-degree intentional murder in prosecution for first-degree premeditated murder. State v. Jones, 279 Kan. 395, 109 P.3d 1158 (2005).
35. Conviction of first-degree premeditated murder, off-grid crime upheld. State v. Reid, 286 Kan. 494, 497, 186 P.3d 713 (2008).
36. Cited; motion to correct alleged illegal sentence denied summarily is upheld; issue res judicata. State v. Conley, 287 Kan. 696, 197 P.3d 837 (2008).
37. Motion to correct illegal sentence denied; no error in summarily denying motion. State v. Pennington, 288 Kan. 599, 205 P.3d 741 (2009).
38. Kansas Supreme Court has jurisdiction over appeals from district court judgments upholding or reversing the validity of restitution orders imposed in murder in the first degree convictions. State v. Bailey, 317 Kan. 487, 489, 531 P.3d 520 (2023).