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Supreme Court Filings for May 12, 2017

12 May 2017 10:45 AM | Tiffany Fisher (Administrator)

Kansas Courts News Release



The Kansas Supreme Court released the following published decisions today: 

Appeal No. 114,465: Bryon J. Kirtdoll v. State of Kansas 
A unanimous Supreme Court affirmed the Shawnee County District Court's denial of Kirtdoll's pro se motion to correct an illegal sentence In addition to rejecting the illegality-of-sentence challenge, the justices also analyzed the issue under K.S.A. 60-1507 and found that the new rule of law established by the United States Supreme Court in Alleyne v. United States, 570 U.S. ___, 133 S. Ct. 2151, 186 L. Ed. 2d 314 (2013), in which the U.S. Supreme Court held that factors that increase a sentence beyond the statutory mandatory minimum must be decided by a jury instead of a judge was not retroactive and could not be applied to sentences in cases that were final when Alleyne was decided.

Appeal No. 114,350: State of Kansas v. Michael A. Brown 
A unanimous Supreme Court affirmed the Wyandotte County District Court's denial of Brown's challenge to his life sentence. The justices rejected Brown's argument that K.S.A. 2013 Supp. 21-6620 mandates retroactive application of the new rule of law established by the United States Supreme Court in Alleyne v. United States, 570 U.S. ___, 133 S. Ct 2151, 186 L. Ed. 2d 314 (2013), in which the U.S. Supreme Court held that factors that increase a sentence beyond the statutory mandatory minimum must be decided by a jury instead of a judge. The justices found that the rule in Alleyne was not retroactive and could not be applied to sentences in cases that were final when it was decided.

Kansas Court of Appeals decisions released today 

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