State v. Burdick

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Defendant, who challenged the registration requirements of the Kansas Offender Registration Act (KORA) as applied to drug offenders, was unable to satisfy the “clearest proof” standard because the record had not been sufficiently developed. Defendant pled no contest to one count of distribution of cocaine. By the time Defendant was released from prison, the legislature had changed KORA by lowering the time an offender must register upon change of residence from ten days to three days. Defendant was subsequently charged with failing to timely update his registration. A jury convicted Defendant of violating KORA for failing to report a change of residence within three business days. On appeal, Defendant argued that applying the KORA amendments to him violated the Ex Post Facto Clause of the United States Constitution. The court of appeals affirmed, concluding that registration is not punishment, and therefore, the amendments could be applied retroactively to Defendant. The Supreme Court affirmed, holding that Defendant failed to satisfy the clearest proof standard to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty. View "State v. Burdick" on Justia Law