[DOWNLOAD] "City of Garnett v. Zwiener" by Supreme Court of Kansas * eBook PDF Kindle ePub Free

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eBook details

• Title: City of Garnett v. Zwiener
• Author : Supreme Court of Kansas
• Release Date : January 25, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The opinion of the court was delivered by These five cases originated in the Municipal Court of Garnett, Kansas, where the five defendants, were tried separately and found guilty of the violation of various city ordinances. Notices of appeal were filed in the municipal court within ten (10) days after the date each judgment was entered in compliance with K.S.A. 1980 Supp. 22-3609(2). However, the municipal judge and the clerk failed to certify the complaints, warrants and appearance bonds to the district court within the time limitations set in K.S.A. 1980 Supp. 22-3609(3). This statute regulating appeals from municipal courts reads: (1) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or which imposes a sentence of fine or confinement or both. Such appeal shall be assigned by the administrative judge to a district judge or associate district judge. The appeal shall stay all further proceedings upon the judgment appealed from. (2) An appeal to the district court shall be taken by filing a notice of appeal in the court where the judgment appealed from was rendered. No appeal shall be taken more than ten (10) days after the date of the judgment appealed from. (3) The judge whose judgment is appealed from, or the clerk of such court, if there be one shall certify the complaint, warrant and any appearance bond to the district court of the county on or before the next court day of such district court occurring more than ten (10) days after the appeal. (4) No advance payment of docket fee shall be required when the appeal is taken. (5) Hearing on the appeal shall be to the court unless a jury trial is requested in writing by the defendant. In the present case the certifications to the district court of the complaints, warrants and bonds were late. On motion of the defendants the district court dismissed the five appeals, remanded the cases to the municipal court, and directed the municipal judge to dismiss the charges and discharge the defendants. The City of Garnett appeals and the five cases, by stipulation of the parties, are consolidated for this appeal.

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