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Supreme Court Releases for August 11, 2017

11 Aug 2017 11:56 AM | Tiffany Fisher (Administrator)

August 11, 2017

The Kansas Supreme Court released the following published decisions today: ​

Appeal No. 109,690:  State of Kansas v. Darnell L. Huey
 
A divided Supreme Court affirmed a Shawnee County District Court judge's order that Huey be required to register as a violent offender under the Kansas Offender Registration Act. The judge imposed the requirement after finding Huey used a deadly weapon to commit robbery and aggravated burglary. Huey claimed the finding should have been made by a jury instead of the judge.
 
A majority of the court upheld the judge's order because Huey raised the argument for the first time on appeal and did not develop an evidentiary record in the district court to overcome prior caselaw holding the Legislature intended the registration act to be a nonpunitive civil regulatory scheme. The majority noted that under existing U.S. Supreme Court precedent only facts — other than prior convictions — that increase the punishment for an offense must be established by a guilty plea or proved beyond a reasonable doubt to a jury.
 
The majority opinion, written by Justice Dan Biles, held that since registration is presumed not to be punishment, Huey could overcome that presumption only by the clearest proof — which was lacking since Huey did not raise the issue until his appeal. The majority also held a 2016 decision by the court that offender registration was punishment was no longer to be considered viable authority for Huey or other violent offenders. Joining in the majority decision were Chief Justice Lawton Nuss, Justice Marla Luckert, and Justice Caleb Stegall.
 
In a dissenting opinion, Justice Carol Beier argued the registration requirement's "modern, maximally invasive, maximally pervasive, and infinitely more public incarnation" should be considered punishment. She was joined in dissent by Justice Eric Rosen and Justice Lee Johnson.    

Appeal No. 110,040:  State of Kansas v. Jason Robinson
 
In a unanimous opinion written by Justice Caleb Stegall, the court affirmed Robinson's Wyandotte County convictions for aggravated burglary, aggravated battery, and criminal damage to property. In August 2010, Robinson broke into his girlfriend's house, struck her in the face, and threw bricks at her vehicle. On appeal, Robinson claimed his statutory speedy trial rights were violated and cumulative error deprived him of a fair trial However, the court held that Robinson's statutory speedy trial rights were not violated, the State presented sufficient evidence of aggravated burglary, the jury instructions were proper, and any error was harmless beyond a reasonable doubt.

Appeal No. 108,275: State of Kansas v. Rebecca Wingo
 
Justice Caleb Stegall wrote the opinion in which the court affirmed the Crawford County District Court's order that Wingo is subject to 15 years of registration pursuant to the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. ___, ___ P.3d ___ (No. 110,520, filed August 4, 2017), a majority of the court held that the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Wingo failed to demonstrate by the clearest proof that Kansas Offender Registration Act registration has a punitive effect on violent offenders Justices Beier, Rosen, and Johnson dissented.

Appeal No. 109,671: State of Kansas v. Joseph V. Donaldson
 
Justice Caleb Stegall wrote the opinion in which the court affirmed the Sedgwick County District Court's order that Donaldson is subject to lifetime registration pursuant to the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. ___, ___ P.3d ___ (No. 110,520, filed August 4, 2017), a majority of the court held that the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Donaldson failed to demonstrate by the clearest proof that Kansas Offender Registration Act registration has a punitive effect on violent offenders. Justices Beier, Rosen, and Johnson dissented.

Appeal No. 109,689: State of Kansas v. Kevin Addison Hirschberg
 
Justice Caleb Stegall wrote the opinion in which the court affirmed the Shawnee County District Court's order that Hirschberg is subject to 15 years of registration pursuant to the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. ___, ___ P.3d ___ (No. 110,520, filed August 4, 2017), a majority of the court held that the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Hirschberg failed to demonstrate by the clearest proof that Kansas Offender Registration Act registration has a punitive effect on drug offenders. Justices Beier, Rosen, and Johnson dissented. 

Appeal No. 110,472: State of Kansas v. Thomas Burdick
 
Justice Caleb Stegall authored an opinion in which the court affirmed Burdick's conviction in Riley County District Court for violating the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. ___, ___ P.3d ___ (No. 110,520, filed August 4, 2017), a majority of the court held that the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Burdick failed to demonstrate by the clearest proof that Kansas Offender Registration Act registration has a punitive effect on drug offenders. Justices Beier, Rosen, and Johnson dissented. 

Appeal No. 111,226: State of Kansas v. Barbara Annemarie Hill
 
Justice Caleb Stegall wrote the opinion in which the court affirmed the Crawford County District Court's order that Hill is required to register pursuant to the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. ___, ___ P.3d ___ (No. 110,520, filed August 4, 2017), a majority of the court held that the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Hill failed to demonstrate by the clearest proof that Kansas Offender Registration Act registration has a punitive effect on drug offenders. Justices Beier, Rosen, and Johnson dissented.

Appeal No. 111,055: State of Kansas v. David Kilpatrick
 
Justice Caleb Stegall wrote the opinion in which the court unanimously held that a defendant could not use a motion to correct illegal sentence to argue that the 2007 amendments to the Kansas Offender Registration Act violates the ex post facto clause of the United States Constitution. This case originated in Reno County District Court. 

Kansas Court of Appeals decisions released today. 


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