defining possession of property and municipal appeals process

[viper515]

Jurisdiction

Kansas

I have some basic questions.

1. Where is it defined or written where the possession of personal property has affirmatively changed hands? From one possessor to another? Or is this better defined by referring to case law?

2. Also, regarding a municipal appeal, as a pretty dumb question that I will get flamed for, if a fine is ordered in municipal court, once appeal paperwork is served on the municipality, does the fine still need paid or is that stayed until the verdict in the appeal case?

3. Once an appeal is filed, does the municipality still have discretion to amend the charge or plea bargain before trial?

4. In a municipal appeals, asking on from experiences, are district judges more likely to simply uphold any sentence from municipal courts or do they tend to start from scratch and do their own thing?

 

[adjusterjack]

1. Where is it defined or written where the possession of personal property has affirmatively changed hands? From one possessor to another? Or is this better defined by referring to case law?

Depends on the type of property and the circumstances.

Some circumstances will be covered by statutes, others by common law.

Without details, there's no way to answer your question.

2. Also, regarding a municipal appeal, as a pretty dumb question that I will get flamed for, if a fine is ordered in municipal court, once appeal paperwork is served on the municipality, does the fine still need paid or is that stayed until the verdict in the appeal case?

That's something the appeals rules should tell you if you look them up before filing the appeal. However, it's common with traffic tickets, for example, to pay the fine as bond before filing an appeal. So, again, details count.

Once an appeal is filed, does the municipality still have discretion to amend the charge or plea bargain before trial?

Again, with no details, all I can say is generally, once there's a conviction, the trial court matters are concluded so there is no amending anything.

In a municipal appeals, asking on from experiences, are district judges more likely to simply uphold any sentence from municipal courts or do they tend to start from scratch and do their own thing?

Again, that's something you should be easily able to look up.

For example, appeals to traffic convictions are sometimes trials "de novo" where the matter is heard from scratch with no reference to the first trial. Alternatively, an appeal would have to be based on grounds that the trial judge erred in applying the law or interpreting the facts.

 

[viper515]

My Apology, please allow me to try and elaborate further and try again



1. Where is it defined or written where the possession of personal property has affirmatively changed hands? From one possessor to another? Or is this better defined by referring to case law? This would be a stolen bicycle that was found laying in the grass near the thieves home. The thief would have knowledge of the whereabouts of the property, but it is my understanding that physical possession trumps knowledge of whereabouts?

2. Also, regarding a municipal appeal, as a pretty dumb question that I will get flamed for, if a fine is ordered in municipal court, once appeal paperwork is served on the municipality, does the fine still need paid or is that stayed until the verdict in the appeal case? This is a criminal case in which only a fine was ordered, and an OR appeal bond was set out of municipal court. It was my understanding that the fines should not be paid if you are appealing the case in district court?

3. Once an appeal is filed, does the municipality still have discretion to amend the charge or plea bargain before trial? Municipal court found a guilty verdict for the charge but must the charge be either dismissed by the plaintiff or tried in district court or will the plaintiff still have an option to plea bargain before trial?

4. In a municipal appeal, asking on from experiences, are district judges more likely to simply uphold any sentence from municipal courts or do they tend to start from scratch and do their own thing? I do know this will be a trial de novo and I realize the judge can do about anything but I am simply wondering if they tend to give consideration to the sentence imposed by the municipal judge?

 

[adjusterjack]

Oh, wait, this about your kid's stolen bike where you went to recover it and hurt the thief's mother.

Were you convicted of the battery?
Did you pay a fine?
Did you file an appeal or want to?
Why does your first question about possession have anything to do with that?

 

[viper515]

If I may, maybe we can focus only on the appeal part for now. I will provide sections from KS statute to see if one will clarify for me.

"Judgment on appeal. If upon appeal to the district court the defendant is convicted, the district court shall impose sentence upon him and render judgment against him for all costs in the case, both in the district court and in the court appealed from."

Can I read this as if convicted in district court, I would be liable for all prosecution attorney fees?

"The appeal shall stay all further proceedings upon the judgment appealed from."

Could I get a little help interpreting this?

 

[adjusterjack]

"Judgment on appeal. If upon appeal to the district court the defendant is convicted, the district court shall impose sentence upon him and render judgment against him for all costs in the case, both in the district court and in the court appealed from."

Can I read this as if convicted in district court, I would be liable for all prosecution attorney fees?

No.

You are referring to KSA 22-3611.

In City of Dodge City v Anderson (1994), the KS Court of appeals had this to say:

Because K.S.A. 22-3611 does not explicitly authorize the recovery of attorney fees as part of the costs of the action, the district court was without statutory authority to require Anderson to pay them.

You can read the discussion at:

Google Scholar

"The appeal shall stay all further proceedings upon the judgment appealed from."

Could I get a little help interpreting this?

It means, for the most part, that you don't have to pay your fine, or go to jail, or even post an appeal bond, unless your case meets the exceptions in KSA 22-604:

2014 Kansas Statutes :: Chapter 22 CRIMINAL PROCEDURE :: Article 36 APPEALS :: 22-3604 Release of defendant pending appeal by prosecution.

 

[viper515]

That was a tremendous help! thank you!

EDIT: I guess I should further ask, once a fine has been imposed in municipal court, and lets say they get an conviction in district court, do I take a double hit on fines? I realize I would probably have to pay court costs but I am curious how that works?

 

[adjusterjack]

EDIT: I guess I should further ask, once a fine has been imposed in municipal court, and lets say they get an conviction in district court, do I take a double hit on fines? I realize I would probably have to pay court costs but I am curious how that works?

I actually came across something about that in another case but it's too time consuming to find it again. You would only pay the original fine plus the additional court costs.