Did the District Court Have Jurisdiction to Revoke Hall's Probation Given the Delay During His Incarceration on Other Charges?

The question framed by this appeal requires that we construe both a statutory mandate and that we apply constitutionally based due process considerations. The governing statute is K.S.A. 2006 Supp. 22-3716(b), which provides that "upon an arrest by warrant .

. . The court shall cause the defendant to be brought before it without unnecessary delay for a hearing on the violation charged."

Determining whether inaction constitutes an unnecessary delay depends upon the circumstances of each case. Toman v. State, 213 Kan.

857, 860, 518 P.2d 502 (1974). The Due Process Clause of the Fourteenth Amendment to the United States Constitution limits procedurally and substantively the ability of the State to revoke a probationer's probation. A district court may revoke probation even if the term of revocation has expired as long as "the proceedings were instituted during the term of the probation and the revocation occurs within a reasonable time thereafter.

Citation omitted." The court's ... more.

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