kansas appellate practice handbook - Kansas Judicial Branch

5- Appellate Jurisdiction
State v. Lewis, 27 Kan. App. 2d 134, Syl. 3, 998 P.2d 1141, rev. denied 269
Kan. 938 (2000). “The right to appeal is entirely statutory….” State v.
Legero, 278 Kan. 109, Syl. 2, 91 P.3d 1216 (2004). See also State v. Gill,
287 Kan. 289, 293-94, 196 P.3d 369 (2008); In re J.D.B., 259 Kan. 872, Syl.
1. Parties cannot create appellate jurisdiction. See State v. McCarley, 287
Kan. 167, 175, 195 P.3d 230 (2008); State v. Asher, 28 Kan. App. 2d 799,
800, 20 P.3d 1292 (2001). When a record discloses a lack of jurisdiction,
the appellate court must dismiss the appeal. State v. Gill, 287 Kan. at 294;
In re J.D.B., 259 Kan. 872, Syl. 1.
II.
APPELLATE JURISDICTION OF THE SUPREME
COURT IN CRIMINAL CASES
§ 5.2 Direct Appeals to the Supreme Court
Any appeal permitted to be taken from a final judgment of the
district court in a criminal case is taken to the Court of Appeals, except in
those cases reviewable by law in the district court and those cases where
direct appeal to the Supreme Court is required. K.S.A. 22-3601(a). Direct
appeal to the Supreme Court is required in the following cases:
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In any case in which a state or federal statute has been held
unconstitutional. K.S.A. 22-3601(b)(1).
By all criminal defendants who have: (1) been convicted of a
class A felony; or (2) been sentenced to a maximum sentence
of life imprisonment. K.S.A. 22-3601(b)(2) and (3).
By some criminal defendants who have been convicted of
an off-grid crime committed after June 30, 1993. K.S.A. 22-
3601(b)(4). This statute does not apply to some off-grid
crimes as set forth in § 5.3, infra.
PRACTICE NOTE: Off-grid crimes under the
Kansas Sentencing Guidelines Act (KSGA) have been
in effect for more than 20 years. Appeals involving
class A felonies under the pre-KSGA criminal code are
becoming increasingly more rare.
A conviction resulting in imposition of a death sentence is subject
to automatic review by an appeal to the Kansas Supreme Court. State
2013