Kirtdoll v. State

The Supreme Court affirmed the district court’s denial of Bryon Kirtdoll’s motion to correct an illegal sentence. In 2004, Kirtdoll was convicted of first-degree murder. Kirtdoll was sentenced to a term of imprisonment of life without possibility of parole for fifty years. The conviction and sentence were affirmed on appeal. In 2013, Kirtdoll filed a pro se motion to vacate sentence, arguing that Alleyne v. United States, 570 U.S. __ (2013) rendered his judicially enhanced life sentence illegal. The district court analyzed the merits of Kirtdoll’s motion under both Kan. Stat. Ann. 22-3504 and Kan. Stat. Ann. 60-1507 and dismissed the motion. The Supreme Court affirmed, holding (1) Alleyne cannot be retroactively applied to cases that were final when Alleyne was decided; and (2) consequently, Kirtdoll could not obtain relief in a section 60-1507 collateral attack. View "Kirtdoll v. State" on Justia Law