Attorney General Opinion No. 1995-041 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1995-041 PDF full book. Access full book title Attorney General Opinion No. 1995-041 by Carla J. Stovall. Download full books in PDF and EPUB format.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
"Good time credits" are applicable only to persons serving a sentence in the custody of the secretary of corrections upon conviction of a felony. Kansas statutes neither require nor authorize a county to develop a policy regarding good time credits for persons serving a sentence for a third or subsequent driving under the influence conviction. A person serving a sentence for a third or subsequent driving under the influence conviction in a county jail is thus not eligible for "good time credits." In relation to persons convicted of a third or subsequent driving under the influence offense, substantive rights were affected by the 1994 amendments to K.S.A. 1993 Supp. 8-1567 and to K.S.A. 1993 Supp. 21-4704(i). Consequently the 1994 amendments should be applied prospectively, i.e. only to offenses committed after July 1, 1994. To the extent it conflicts with conclusions reached herein, Attorney General Opinion No. 94-161 is withdrawn. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4704; K.S.A. 1994 Supp. 8-1567; 21-3105; 21-4703; 21-4704; 21-4706; 21-4707; 21-4722; K.A.R. 44-6-146.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
"Good time credits" are applicable only to persons serving a sentence in the custody of the secretary of corrections upon conviction of a felony. Kansas statutes neither require nor authorize a county to develop a policy regarding good time credits for persons serving a sentence for a third or subsequent driving under the influence conviction. A person serving a sentence for a third or subsequent driving under the influence conviction in a county jail is thus not eligible for "good time credits." In relation to persons convicted of a third or subsequent driving under the influence offense, substantive rights were affected by the 1994 amendments to K.S.A. 1993 Supp. 8-1567 and to K.S.A. 1993 Supp. 21-4704(i). Consequently the 1994 amendments should be applied prospectively, i.e. only to offenses committed after July 1, 1994. To the extent it conflicts with conclusions reached herein, Attorney General Opinion No. 94-161 is withdrawn. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4704; K.S.A. 1994 Supp. 8-1567; 21-3105; 21-4703; 21-4704; 21-4706; 21-4707; 21-4722; K.A.R. 44-6-146.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Legislative acts are presumed valid, particularly those enacted under the state's twenty-first amendment authority to regulate the traffic of liquor. Thus, while the justification for the corporate residency requirement for obtaining a microbrewery license is not apparent on the face of the statute, we cannot conclude that it is unconstitutional. Cited herein: K.S.A. 41-308b, as amended by 1995 S.B. 256, sec. 1; 41-311, as amended by 1995 S.B. 256, section 2; 41-2623; U.S. Const., art. I, sec. 8, Twenty-first Amend.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A licensed Kansas alcoholic liquor distributor may own all or part of a manufacturer not located in Kansas provided the manufacturer's products are not offered for distribution and sale in Kansas. Cited herein: K.S.A. 41-311; 41-704.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: American Bar Association. House of Delegates
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Carla J. Stovall