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Can't use post-probation acts for probation violation

Alice C. White of the Kansas Defender Project won in State v. Skolaut, No. 97,401 (Kan. May 16, 2008), substantially affirming Judge Kaufman's refusal to violate Mr. Skolaut's probation based on acts occuring after the probation period had expired. The KSC held that a district court can take such acts into account when determining disposition after violation, but not for the violation finding itself.

For the appellate jurisdiction nerds out there--that's you Paige--I thought it was sort of odd for the KSC to reach the merits of this case. The COA had dismissed this appeal as a case of insufficient importance to justify an appeal on a question reserved. The state's petition for review was from the order of dismissal--the COA had never reached the merits. But the KSC did. Normally, I would think that the KSC would reverse the dismissal and remand to the COA for determination of the merits (that's what they do in most other cases where either the COA improperly dismisses an appeal or fails to reach some issues because of way its original opinion is shaped). Maybe you could cite this opinion for the proposition that the KSC should just reach those issues, even though the COA had not decided them on the merits?

Full post as published by Kansas Defenders on June 12, 2008 (boomark / email).