Image via Wikipedia The proper resolution of disputed plea agreements depends primarily on constitutionally based, fundamental fairness concepts and cannot be determined in favor of the government on the fortuities of the words used in the agreement. People v. Fisher, supra. In other words, the standards of commerce cannot govern the administration of criminal justice. [...]

As a preface, we agree with the trial court that fraud in the procurement of Sperry’s waiver of summons was established. The law applicable is well stated by the Supreme Court of Kansas in the case of Abercrombie v. Abercrombie, 64 Kan. 29, 35, 67 Pac. 539, 541, as follows: [41] “The jurisdiction of the [...]