State v. Jaben
277 P.3d 417
Kan.2012Background
- Jaben pled guilty in 1977 to multiple offenses (rape, attempted rape, aggravated sodomy, aggravated kidnapping, aggravated battery) for crimes in 1974–1975.
- He received a maximum life-imprisonment sentence and was paroled in 2001; released from parole in 2004.
- In 2008, Jaben petitioned to expunge his 1977 convictions; the State objected.
- Two expungement statutes existed: the Weeks-era 21-4617(a) (allowing expungement after five years) and the later 21-4619 (prohibiting expungement for certain offenses).
- The district court applied the Weeks-era statute (21-4617) to expunge the convictions, relying on Anderson; the petition was consolidated for appeal.
- The State appealed via a question reserved under K.S.A. 22-3602(b)(3), challenging which statute should govern expungement retroactivity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 21-4619 applies retrospectively to Jaben’s petition | State argues 21-4619 governs and applies retroactively to petitions filed in 2008 | Jaben argues statute should apply as of the time of crime, not retroactive to petition | Statute 21-4619 does not apply retrospectively; it applies prospectively only. |
| Whether the appeal was properly considered under a question reserved | State contends it may be reviewed as a direct civil appeal under 60-2103 | Jaben argues appeal must be on a question reserved under 22-3602(b)(3) | The State’s appeal is permissible only on a question reserved; 60-2103 does not apply to expungement petitions; direct review denied. |
Key Cases Cited
- Anderson v. State, 12 Kan. App.2d 342 (Kan. App. 1987) (retrospective application of then-current expungement law evaluated for ex post facto)
- Johnson v. Brooks Plumbing, 281 Kan. 1212 (Kan. 2006) (statutory interpretation—remedial/procedural distinction governs retroactivity)
- State v. Masterson, 261 Kan. 158 (Kan. 1996) (questions reserved must involve statewide importance)
- State v. Berreth, 294 Kan. 98 (Kan. 2012) (role of questions reserved in criminal appeals)
- Weaver v. Graham, 450 U.S. 24 (1981) (ex post facto framework for retroactivity)
- State v. T.P.M., 189 N.J. Super. 360 (N.J. Super. 1983) (expungement statute retroactivity comparisons)