Kansas Supreme Court Decisions, April 21, 2023

21 Apr 2023 11:27 AM | Executive Director (Administrator)

Appeal No. 121,956: State of Kansas v. Brady Allen Newman-Caddell

Appeal No. 121,956 archived oral argument

Newman-Caddell pleaded guilty to one count of aggravated kidnapping, two counts of rape, and one count of aggravated sodomy. The State requested an upward durational departure sentence arguing two factors supported a higher sentence: first, the aggravated kidnapping was a crime of extreme sexual violence, and Newman-Caddell was a predatory sex offender; and second, substantial and compelling facts showed Newman-Caddell presented a risk of future dangerousness to public safety. Newman-Caddell waived his right to a jury trial and stipulated sufficient facts existed to prove both departure factors beyond a reasonable doubt. The Supreme Court affirmed the Johnson County District Court's upward durational departure on the aggravated kidnapping count. The Court concluded the district court did not err in applying the extreme sexual violence departure factor when sentencing a defendant for an aggravated kidnapping involving a nonconsensual act of sexual intercourse or sodomy. The Supreme Court declined to address Newman-Caddell's due process argument because the issue was not preserved, and the first durational departure factor was sufficient on its own to support the departure sentence.

Case No. 125,499: In the Matter of Jeff L. McVey

Case No. 125,499 archived oral argument

 majority of the Supreme Court suspended McVey from the practice of law for one year violating Kansas Rules of Professional Conduct (KRPC) 1.15 (safekeeping property), 8.4(c) (professional misconduct), and Rule 210 (duty to cooperate), although a minority of the Supreme Court would find no violation of Rule 210 and would impose a lesser penalty. The suspension is effective upon the filing of the Supreme Court's decision.
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