Kansas Supreme Court Decisions, October 14, 2022

14 Oct 2022 11:10 AM | Anonymous member (Administrator)

Appeal No. 124,319: State of Kansas v. William D. Albright

Summary calendar; no oral argument

The Kingman County District Court denied a motion by Albright to modify his sentence of life with no possibility of parole for 40 years, a hard-40 sentence, which the district court had imposed for a premeditated first-degree murder that Albright committed in 1999. Writing for a unanimous court, Justice K.J. Wall affirmed the district court's denial of the motion under the court's recent precedent holding that K.S.A. 21‑6628(c) does not provide a statutory vehicle for a sentence modification based on a defendant's claim that a hard-40 sentence violates the Sixth Amendment to the U.S. Constitution as interpreted by the U.S. Supreme Court in Alleyne v. United States, 570 U.S. 99 (2013).

Case No. 125,292: In the Matter of Terrence J. Malone

Case No. 125,292 archived oral argument

In an original proceeding in attorney discipline, the court suspended Malone, of Dodge City, from the practice of law for 90 days for violations of the Kansas Rules of Professional Conduct regarding conflicts of interest with current clients, duties to former clients, safekeeping property, and candor to tribunals. A minority of the court would have imposed a shorter suspension period.
Powered by Wild Apricot Membership Software