Printable Format38-2381. Appeals by prosecution. (a) An appeal may be taken by the prosecution from an order:
(1) Dismissing proceedings when jeopardy has not attached;
(2) denying authorization to prosecute a juvenile as an adult;
(3) quashing a warrant or a search warrant;
(4) suppressing evidence or suppressing a confession or admission; or
(5) upon a question reserved by the prosecution.
(b) An appeal upon a question reserved by the prosecution shall be taken within 14 days after the juvenile has been adjudged to be a juvenile offender. Other appeals by the prosecution shall be taken within 14 days after the entry of the order appealed.
History: L. 2006, ch. 169, § 81; L. 2010, ch. 135, § 57; July 1.
Source or Prior Law:
38-1682.
Law Review and Bar Journal References:
"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).
CASE ANNOTATIONS
1. Cited in opinion holding that juveniles have a constitutional right to jury trials. In re L.M., 286 Kan. 460, 473, 186 P.3d 164 (2008).
2. State has no right to appeal an order granting probation in juvenile and criminal cases; questions reserved discussed. In re E.F., 41 Kan. App. 2d 860, 205 P.3d 787 (2009).