Justia Kansas Supreme Court Opinion Summaries

Defendant, who was employed at an animal clinic, altered computer records to erase outstanding bills for services performed for her own pets and stole clinic inventory. After a jury trial, Defendant was convicted of computer crime and left. The trial court imposed restitution in the amount of $14,293. A portion of this amount was based on the retail rather than the wholesale price of the stolen inventory. The court of appeals vacated the restitution order, holding, as a matter of law, that retail value was not a proper measure of restitution because the loss the clinic suffered was the wholesale price it had paid for the inventory. The Supreme Court affirmed but for other reasons, holding (1) in determining restitution for stolen inventory, there is no bright-line rule favoring either retail or wholesale cost; (2) rather, the sentencing judge must consider all the evidence to determine a value that compensates the victim for the actual loss caused by a defendant's crime; and (3) in this case, the sentencing judge's adoption of retail value as an appropriate measure of loss to the clinic for Defendant's theft of inventory was arbitrary and without substantial evidentiary support. View "State v. Hall" on Justia Law

Defendant pleaded guilty to two counts of aggravated indecent liberties with a child in violation of Kan. Stat. Ann. 21-3504(a)(3)(B). Pursuant to Kan. Stat. Ann. 21-4643(a)(1)(3), the district court imposed a life sentence with a mandatory minimum term of twenty-five years for each count and ordered the sentences to run consecutively. Defendant appealed, arguing that section 21-4643(a)(1)(3) violated the Eighth Amendment's proscription against cruel and unusual punishment because a hard twenty-five life sentence was disproportionate to the crime section 21-3504(a)(3)(B) defined. The Supreme Court affirmed, holding that imposition of a hard twenty-five life sentence under Jessica's Law for each of Defendant's convictions was not categorically disproportionate and, therefore, was not cruel and unusual punishment under the Eighth Amendment. View "State v. Ruggles" on Justia Law

A police officer discovered Defendant had an outstanding arrest warrant for a traffic violation and, in arresting Defendant, searched Defendant's vehicle where he found drugs and drug paraphernalia. The State charged Defendant with possession of cocaine and possession of drug paraphernalia. Defendant moved to suppress the drug evidence, arguing that the search incident to arrest was illegal. The district court denied the suppression motion and found Defendant guilty as charged. Meanwhile, the U.S. Supreme Court decided Arizona v. Gant. The court of appeals affirmed, holding that although the search was unlawful under Gant, the good-faith exception to the exclusionary rule applied. Defendant died while his appeal to the Supreme Court was pending. The Supreme Court affirmed, holding (1) Defendant's death did not abate this appeal; and (2) based on State v. Dennis and State v. Daniel, application of the good-faith exception was appropriate under the circumstances. View "State v. Karson" on Justia Law

After a jury trial, Defendant was convicted of two counts of aggravated criminal sodomy and two counts of aggravated indecent liberties with a child. Defendant appealed, arguing that his right to a public trial was violated by the district court's decision to clear the courtroom while photographs of the victims' genitalia were displayed and discussed. The Supreme Court reversed the convictions and remanded for a new trial, holding (1) the district court violated Defendant's constitutional right to a public trial by closing the courtroom during display and discussion of photographs of the victims' genitalia; and (2) because the district judge failed to articulate the interests at stake or the alternative considered, the Court was prevented from conducting a proper review and reversal was required. View "State v. Cox" on Justia Law

After a jury trial, Defendant was convicted of first-degree felony-murder, which was based on the underlying felony of child abuse. The conviction stemmed from the death of Defendant's girlfriend's ten-month-old son. The Supreme Court affirmed the conviction, holding (1) Defendant failed to preserve his argument that the trial court violated his right to a unanimous verdict because it asked individual jurors, before rather than after the verdict was read, whether it was their verdict; (2) the language in the felony-murder statute does not create alternative means of committing the crime; and (3) the trial court's failure to give a lesser included offense instruction on second-degree intentional murder was harmless. View "State v. Cheffen" on Justia Law

A police officer stopped Defendant after observing him driving a vehicle with expired tags. The officer arrested Defendant after learning Defendant's driving privileges were revoked and then searched Defendant's vehicle, where the officer discovered drugs and drug paraphernalia. The district court denied Defendant's first motion to suppress, but based on Arizona v. Gant, which was issued two months later, the court granted the motion. The court of appeals reversed, holding that while the search was unconstitutional under Gant, the good-faith exception to the exclusionary rule applied. The Supreme Court affirmed, holding that, based on the recently decided State v. Dennis and State v. Daniel, the good-faith exception to the exclusionary rule applied in this case, and suppression was unnecessary. View "State v. Carlton" on Justia Law

Defendant pled guilty to aggravated indecent liberties with a child pursuant to a plea agreement. After sentencing, Defendant filed a Kan. Stat. Ann. 60-1507 motion, contending that her trial counsel was constitutionally defective in negotiating her guilty plea. Defendant also filed a motion to withdraw her guilty plea. The district court denied both motions. The Supreme Court affirmed, holding (1) although a lack of factual findings hindered the Court's ability to review Defendant's claims of ineffective assistance of counsel, Defendant failed to demonstrate to the Court that even if she had received effective assistance of counsel, she would have declined to plead guilty; and (2) therefore, the district court correctly held that Defendant failed to meet her burden to demonstrate prejudice. View "State v. Adams" on Justia Law

After a jury trial, Defendant was convicted of one count of rape. The district court judge imposed life imprisonment with a minimum term of imprisonment of not less than twenty-five years. The Supreme Court affirmed Defendant's conviction and sentence, holding (1) rape is not an alternative means crime, and therefore, the State presented sufficient evidence to support the conviction, and Defendant was not denied his right to a unanimous verdict; (2) the district court judge did not abuse his discretion in denying Defendant's motion for a departure sentence; and (3) because Defendant stated a case-specific argument rather than a categorical argument within the framework of Graham v. Florida in claiming that his sentence was disproportional, Defendant waived his argument by not arguing it in the district court and on appeal. View "State v. Florentin" on Justia Law

After a jury trial, Defendant was convicted of aggravated indecent liberties with a child and sentenced to life without the possibility of parole for twenty-five years. Defendant appealed, asserting, among other claims, that the district court erred in admitting in-court identifications from two witnesses because, prior to trial, the witnesses were shown an impermissibly suggestive photo array. The Supreme Court affirmed Defendant's conviction and sentence, holding (1) Defendant failed to provide an adequate record on appeal to support his first claim of error; and (2) Defendant failed properly to preserve or present any constitutional challenges to his sentence. View "State v. Cervantes-Puentes" on Justia Law

After a jury trial, Defendant was convicted of aggravated criminal sodomy of a child under the age of fourteen. The sentencing court sentenced Defendant to life imprisonment with a mandatory minimum term of imprisonment of not less than twenty-five years. The Supreme Court affirmed Defendant's conviction and hard twenty-five life sentence but vacated the sentencing court's journal entry requirement of lifetime postrelease supervision, holding (1) the majority of Defendant's claims on appeal either lacked merit or were not properly preserved for appeal; and (2) the sentencing court erred in entering a journal entry that did not reflect the punishment imposed at the sentencing hearing and instead recording an illegal punishment of lifetime postrelease supervision. Remanded. View "State v. Breeden" on Justia Law