The Kansas Supreme Court released the following published decisions today:
Appeal No. 107,786: State of Kansas v. Djuan R. Richardson
In an opinion written by Justice Caleb Stegall, the Supreme Court affirmed the Sedgwick County District Court's denial of Richardson's motion to withdraw guilty plea to two violations of the Kansas Offender Registration Act. Relying on its recent decision in State v. Meredith, 306 Kan. 906, 399 P.3d 859 (2017), a majority of the court held the Legislature intended the Kansas Offender Registration Act to be nonpunitive and Richardson 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. 108,233: Edmond L. Hayes v. State of Kansas
In an opinion written by Justice Caleb Stegall, the Supreme Court affirmed the Sedgwick County District Court's summary denial of Hayes' untimely K.S.A. 60-1507 motion. The court held Hayes did not assert a proper ex post facto challenge to the 2006 amendments to the Kansas Offender Registration Act because those amendments were in effect at the time Hayes violated the Kansas Offender Registration Act. Justice Johnson concurred in the result.
Appeal No. 117,361: In the Matter of Lawrence E. SchneiderKansas Court of Appeals decisions released today
Schneider, of Topeka, was publicly censured for violations of the Kansas Rules of Professional Conduct governing communication and diligence.