State v. Daniel

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The Supreme Court affirmed the decision of the Court of Appeals disposing of Defendant’s appeal exclusively on the ground that Defendant’s constitutional claim was not preserved for appeal. Defendant pled no contest to attempted kidnapping and domestic battery. Defendant was required to register as a violent offender for life pursuant to the Kansas Offender Registration Act (KORA). During the lower court proceedings, Defendant acknowledged that registration “is not considered punishment.” On appeal, Defendant argued, for the first time, that retroactive application of KORA’s lifetime registration violates the Ex Post Facto Clause. The Court of Appeals affirmed without reaching the merits of Defendant’s claims, concluding that Defendant invited error regarding his ex post facto claim when he conceded that registration was not punishment. The Supreme Court affirmed, holding that Defendant’s claim was not preserved for appeal. View "State v. Daniel" on Justia Law

Posted in: Criminal Law

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