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STATE v. HALL

No. 95,896.

195 P.3d 220 (2008)

STATE of Kansas, Appellee, v. Eric Eugene HALL, Appellant.

Supreme Court of Kansas.

October 31, 2008.

Attorney(s) appearing for the Case

Rachel L. Pickering, of Kansas Appellate Defender Office, argued the cause, and Jay Witt, of the same office, was with her on the briefs for appellant.

Ty Kaufman, county attorney, argued the cause, and Paul J. Morrison, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

This appeal raises the issue of whether a 6-year delay between issuance and execution of a probation revocation warrant was unreasonable, constituting a denial of due process that deprived the district court of jurisdiction over a probation violator who was imprisoned on unrelated charges. To resolve this issue, we must determine two questions of first impression in Kansas: (1) Does the State waive a probation...

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