Discrimination and the “Leveling Down” Puzzle

MICHAEL C. DORF

Cornell law professor Michael C. Dorf considers how much freedom the government has to “level down” in response to a finding of impermissible discrimination. Dorf discusses several of the U.S. Supreme Court’s precedents on leveling down and points out that these decisions are difficult to reconcile with each other and leave unresolved the questions whether and when leveling down is permissible.

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State v. Smith

Docket: 115321

Opinion Date: January 31, 2020

Judge: Eric S. Rosen

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals dismissing for lack of jurisdiction Appellant's appeal challenging his convictions, holding that the court of appeals did not err when it dismissed Appellant's appeal for lack of jurisdiction. Kan. Stat. Ann. 22-3602(a) provides that a defendant cannot appeal a conviction after pleading guilty. Appellant pleaded guilty to refusing to submit to a test to determine the presence of alcohol or drugs and driving while a habitual violator. In a second case, Appellant again pleaded guilty to refusing to submit to a test to determine the presence of alcohol or drugs and driving under the influence. Appellant appealed his convictions, arguing that the district court lacked jurisdiction to render them. The court of appeals dismissed the appeal, ruling that it lacked jurisdiction to consider a direct appeal from a guilty plea. The Supreme Court affirmed, holding that the court of appeals correctly found that it lacked jurisdiction to review Appellant's claim.