State v. Smith

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court summarily dismissing Defendant's pro se motion for jail credit, holding that the lower courts correctly concluded that they lacked jurisdiction to consider Defendant's motion.On appeal, Defendant argued that the district court and appellate courts had jurisdiction under the nunc pro tunc provision in Kan. Stat. Ann. 22-3504(2), which states that clerical mistakes in judgments or other parts of the record may corrected by the court at any time. The Supreme Court held (1) the words "at any time" generally means that Kansas courts have jurisdiction to determine whether a clerical error occurred even after the time for an appeal has passed, which means courts can consider Defendant's motion; but (2) Defendant failed to meet his burden to set forth facts supporting an allegation that a clerical error occurred. View "State v. Smith" on Justia Law