State v. Yazell
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The Supreme Court reversed the order of the court of appeals dismissing as moot Appellant's appeal from the revocation of his probation following an out-of-state arrest, holding that the court of appeals erred in relying on the Kansas Adult Supervised Population Electronic Repository (KASPER) as evidence to find that Appellant had completed his sentence.
On appeal, Appellant argued that the district court improperly relied on hearsay testimony to support probation revocation in violation of his due process rights. The court of appeals dismissed the case as moot, relying on a KASPER printout and the State's description of an alleged phone call confirming the KASPER information to find that Appellant had been released from custody. The Supreme Court reversed, holding (1) the court of appeals erred to the extent that it relied on KASPER and the State's hearsay assertions; and (2) based on State v. Roat, __ P.3d __ (No. 113.531, this day decided), before dismissing a case as moot, a court must exercise caution and give due consideration to any assertion of affected rights.
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