Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Robinson

Court of Appeals of Kansas

December 14, 2018

State of Kansas, Appellee,
v.
Allen Deandre Robinson, Appellant.

         SYLLABUS BY THE COURT

         1. The right to a speedy trial guaranteed under the Sixth Amendment to the United States Constitution and Section 10 of the Kansas Constitution's Bill of Rights applies in juvenile-offender proceedings under the Kansas Juvenile Offender Code.

         2. Criminal charges against a juvenile offender may be refiled in an adult proceeding after a hearing is held to determine whether it's appropriate to do so. Once the charges are refiled in an adult proceeding, those charges may be amended as otherwise provided by law and are not limited only to the charges initially brought in the juvenile-offender proceeding.

         3. A statute-of-limitations defense to a criminal charge is waived if not timely raised by the defendant in the district court.

          Appeal from Johnson District Court; Sara Welch, judge.

          Ashlyn Buck Lewis, of Topeka, for appellant.

          Shawn E. Minihan, assistant district attorney, Stephen M. Howe, district attorney, and Derek Schmidt, attorney general, for appellee.

          Before McAnany, P.J., Pierron and Leben, JJ.

          LEBEN, J.

         The Sixth Amendment to the United States Constitution and Section 10 of the Kansas Constitution's Bill of Rights both guarantee the right to a speedy and public jury trial in all criminal prosecutions. A decade ago, in In re L.M., 286 Kan. 460, Syl. ¶ 1, 186 P.3d 164 (2008), the Kansas Supreme Court held that juveniles had a right to a jury trial under these provisions because juvenile-offender proceedings had "become more akin to an adult criminal prosecution" than to the benevolent rehabilitative system that had once existed.

         Allen Robinson appeals his convictions for aggravated robbery and kidnapping on the basis that his constitutional right to a speedy trial was violated. But his case was initially filed as a juvenile-offender proceeding, and the State argues that no speedy-trial right exists there. We disagree: if the jury-trial provisions in the Kansas and United States Constitution apply, so do the speedy-trial provisions. Because the district court in Robinson's case did not decide his speedy-trial claim on the merits-and several factors that must be considered need to be factually developed-we return the case to the district court to consider the speedy-trial claim.

         Robinson also argues that the State couldn't add charges once the case moved from juvenile to adult court and that the State's service of the arrest warrant was so late that the statute of limitations had expired. But a past decision of our court and our analysis of the applicable statutory provisions supports the conclusion that the State can amend the charges once the case is in an adult proceeding just as it can in other cases. And Robinson didn't raise a statute-of-limitations defense in the district court; failing to do so waived that potential defense.

         Factual and Procedural Background

         On a Sunday night in September 2012, Robinson and three others entered a home in Olathe and held the four men who resided there at gunpoint. Robinson and his accomplices moved the men into a bathroom, used profane language deriding the residents' sexual identity, and ordered them to strip and touch each other's genitals. Robinson then stole property from the home and drove away.

         Because the issues on appeal involve speedy-trial rights and the movement of charges from juvenile to adult proceedings, we will focus on the timing of the proceedings in both juvenile and adult proceedings. Less than two weeks after the events occurred, the State brought four charges of aggravated robbery against Robinson, then 17, in juvenile proceedings in the Johnson County District Court. Along with those charges, the State moved for court authorization to prosecute Robinson as an adult. A warrant for Robinson's arrest was issued September 27, the same day the charges were filed.

         About six weeks later, the court held a status conference in the case. Robinson wasn't there, but an appointed attorney was. There's no indication in our record ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.