TOPEKA, Kan., Feb. 20 -- The Kansas Judicial Branch issued the following opinion on Jan. 25:
1. K.S.A. 2022 Supp. 60-5004(c)(1)(B) requires a claimant to show two elements: (a) a court's reversal or vacating of a felony conviction; and (b) either the dismissal of charges or a finding of not guilty following a new trial.
2. The phrase "the charges were dismissed" in K.S.A. 2022 Supp. 60-5004(c)(1)(B) clearly and unambiguously means both terminating the criminal accusation presented in court and relieving the defendant of that accusation's criminal liability.
Appeal from Saline District Court; JACOB E. PETERSON, judge. Submitted without oral argument December 15, 2023. Opinion filed January 26, 2024. Affirmed.
Larry G. Michel, of Kenned...