[DOWNLOAD] "State Ex Rel. Stephan v. Thiessen" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Stephan v. Thiessen
• Author : Supreme Court of Kansas
• Release Date : January 14, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The opinion of the court was delivered by This is a mandamus action brought by the attorney general to compel the Wichita Municipal Court to impose and collect the assessments mandated by K.S.A. 1979 Supp. 74-5612 and 74-5613 for the support of the Kansas law enforcement training center. The action was commenced by former Attorney General Curt T. Schneider, with present Attorney General Robert T. Stephan being subsequently substituted therefor. The respondents raised various constitutional challenges to the statutes. The district court upheld the constitutionality of K.S.A. 1979 Supp. 74-5612, which requires a sliding scale of assessments be imposed in addition to any fines or bond forfeitures ordered. The district court held K.S.A. 1979 Supp. 74-5613, which requires that bail deposits include an amount sufficient to cover the K.S.A. 1979 Supp. 74-5612 assessment, was unconstitutional as bearing no reasonable relationship to the purpose of bail which is to insure the appearance of the accused at trial. The district court ordered that a writ of mandamus issue as to the imposition and collection of assessments required by K.S.A. 1979 [228 Kan. 137] Supp. 74-5612. The respondents appeal from the portion of the judgment upholding the validity of K.S.A. 1979 Supp. 74-5612 and petitioner cross-appeals from the portion of the judgment which struck down K.S.A. 1979 Supp. 74-5613.

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