www.mozilla.com Weather Central
Voices
Headlines

Wichita to host Special Olympics North America softball tournament -2/11/2015, 4:13 PM

Via Christi to offer 2 events to help people enroll for insurance -2/11/2015, 4:13 PM

Sedgwick County withdraws from National Association of Counties -2/11/2015, 4:13 PM

Kansas House panel holds hearing on marriage -2/11/2015, 4:13 PM

Community leaders coming together to discuss ending domestic violence -2/11/2015, 4:13 PM

Parkinson's Disease Support Group to meet in McPherson -2/5/2015, 12:05 PM

Cited owner's case includes 2-day jail stay -2/5/2015, 12:05 PM

Smoky Hills Audubon Society to host free program on protecting birds -2/5/2015, 11:10 AM

Shuttle crosses many paths -2/5/2015, 11:10 AM

Jury acquits man for aggravated assault -2/5/2015, 11:10 AM

Second police officer to appeal firing to City Council -2/2/2015, 8:07 AM

Highway closed for repair of ruptured gas line -2/2/2015, 8:07 AM

Drop, Cover, Hold On -2/2/2015, 8:07 AM

Bill would let home-schooled students play on public school sports teams -2/2/2015, 8:07 AM

Wichita school district's Choices Fair set for Thursday -1/28/2015, 4:07 PM

United drops nonstop service from Wichita to LA -1/28/2015, 3:04 PM

Teen accused of assaulting girl with knife at school -1/28/2015, 3:04 PM

Mission of Mercy to offer free dental care in Salina -1/28/2015, 3:04 PM

As Kansas turns 154, five events that shaped our state -1/28/2015, 3:04 PM

Kansas Senate set to pass 'constitutional carry' of concealed guns, no permit required -1/22/2015, 12:07 PM

Kansas Senate committee hears from medical marijuana supporters -1/22/2015, 11:04 AM

Defendant in burglaries case ID'd in video -1/22/2015, 11:04 AM

Barber Co. manhunt was short-lived on Facebook -1/22/2015, 11:04 AM

Airport boss shocked with surprise honor on 30-year work anniversary -1/22/2015, 11:04 AM

Meetings to discuss goals of education -1/22/2015, 11:02 AM

Wichita City Council could vote on marijuana issue Tuesday -1/22/2015, 11:02 AM

Salina woman's bank card fraudulently used -1/16/2015, 4:59 PM

Retiring judge marks end to an era -1/16/2015, 4:05 PM

Man accused of beating, shocking woman -1/16/2015, 4:05 PM

Wichita City Council votes 5-2 to move ahead with library plans -1/13/2015, 2:50 PM

Restaurant employee arrested for allegedly adding to tip -1/13/2015, 2:49 PM

Misdialed 911 calls from cellphones waste taxpayers' money -1/13/2015, 2:49 PM

Mahindra to launch Midwest distribution center in Lyons -1/13/2015, 2:49 PM

County commission votes Shadwick chairman -1/13/2015, 2:44 PM

Dr. Donna Sweet earns award from American College of Physicians -1/9/2015, 3:05 PM

Boeing on track with deliveries of Poseidon jets to the Navy -1/9/2015, 3:05 PM

Prosecutors receive additional reports in child torture case -1/9/2015, 3:04 PM

Politico: Huelskamp flip-flops on Speaker vote -1/7/2015, 11:00 AM

No-till farming focus of winter conference in Salina -1/7/2015, 11:00 AM

Negative publicity costly to county -1/7/2015, 11:00 AM

Hutch man pleads guilty to assault on officer -1/7/2015, 11:00 AM

Final person sentenced in connection with beating of Salina woman -1/7/2015, 10:59 AM

City Council to consider higher storm water utility fees -1/5/2015, 12:00 PM

Change for the better -1/5/2015, 12:00 PM

Sylvia home deemed total loss after fire -1/5/2015, 12:00 PM

New commissioners respond to county issues -1/5/2015, 12:00 PM

Man arrested in connection with alleged rape -1/5/2015, 12:00 PM

Man shot dead in Haysville during reported break-in attempt -12/30/2014, 11:02 AM

Cold front plunges much of Kansas into deep freeze -12/30/2014, 11:02 AM

Access TV looking to increase quality -12/30/2014, 11:02 AM

Voting for grants will end on Christmas Day -12/23/2014, 10:56 AM

Santa Claus welcome year-round at Hutch home -12/23/2014, 10:56 AM

Marquette tyke gets big wish; family destined for Disney World -12/23/2014, 10:56 AM

Kan. death has spurred work on virus -12/23/2014, 10:56 AM

Hospice rep goes to bat for nonprofit -12/23/2014, 10:56 AM

Cirque du Soleil coming to Wichita -12/20/2014, 4:00 PM

V-Plan transmission line now in service -12/20/2014, 4:00 PM

Plains pupils: Pluto's a planet -12/20/2014, 4:00 PM

Hutch United Way campaign slips further from goal -12/20/2014, 4:00 PM

Hutch inmate charged with sexual assault -12/20/2014, 4:00 PM

Colorado teenager injured in 1-vehicle wreck on I-70 -12/20/2014, 4:00 PM

Salina Journal hires attorney to pursue names of county commission candidates -12/17/2014, 11:01 AM

Hays resident to sign copies of his book in Salina -12/17/2014, 11:01 AM

Grandview Plaza shows another clean audit -12/17/2014, 11:01 AM

Eighth-grader earns educational opportunity -12/17/2014, 11:01 AM

koch121514 -12/15/2014, 9:56 AM

Cattle rustlers hit several counties -12/14/2014, 6:13 PM

Michael McDonald brings soulful sounds of Christmas to Stiefel Theatre -12/12/2014, 12:02 PM

McCarville enjoyed Kan. Supreme Court work -12/12/2014, 12:02 PM

Constructing gingerbread houses en masse -12/12/2014, 12:02 PM

City redefines 'perennial violator' -12/9/2014, 11:59 AM

Feast day to shine with celebration, anniversary -12/9/2014, 10:56 AM

Ed board has lesson for 5 eyeing seats -12/9/2014, 10:56 AM

Century-old Christmas letter still has meaning -12/9/2014, 10:56 AM

Thirteen apply for commission seats -12/9/2014, 10:56 AM

Max Heim selected interim president of Colby Community College -12/9/2014, 10:56 AM

Gold coin gives needed boost to Salvation Army kettle campaign -12/9/2014, 10:56 AM

Abilene's Garfield Elementary has potential -12/5/2014, 5:54 PM

Man arrested for shoplifting at Salina Walmart -12/5/2014, 4:51 PM

Former school counselor sentenced for rape of 13-year-old boy -12/5/2014, 4:51 PM

Design for Central starts taking shape -12/5/2014, 4:51 PM

Kansas highway projects to proceed as state grapples with budget -12/4/2014, 2:00 PM

Foreclosures continue to fall in Kansas -12/4/2014, 2:00 PM

Sedgwick County trying to renegotiate IRS building deal -12/4/2014, 1:59 PM

Wichita police find 75-year-old woman -12/4/2014, 1:50 PM

High Touch acquires Overland Park technology services firm -12/4/2014, 1:50 PM

For five decades, TV anchor Larry Hatteberg stayed innovative, kind -11/29/2014, 5:58 PM

Details are sketchy on robbery at Kwik Shop -11/29/2014, 5:58 PM

Animal shelter director expected to take job in Amarillo -11/29/2014, 5:58 PM

Kobach on schedule to address Hutch tea party -11/29/2014, 5:57 PM

Some like it not: Graffiti unwelcome -11/29/2014, 5:57 PM

Defendant in Fairmount Park attack now charged with capital murder -11/26/2014, 2:54 PM

Weigand shuffles executive leadership -11/26/2014, 2:54 PM

Share the Season: Son's hospital stay put mom behind on bills -11/26/2014, 2:54 PM

Sedgwick County property tax bills went out this week, some incorrectly -11/26/2014, 2:54 PM

Injured vet, family find reasons to be thankful through hard times -11/26/2014, 2:54 PM

Foster dad pleads guilty to involuntary manslaughter in baby's death in hot car -11/26/2014, 2:54 PM

WSU to dedicate upgraded lab to study electrical power -11/24/2014, 4:55 PM

Wilbur Middle School employee placed on leave after arrest -11/24/2014, 4:55 PM

Wichita investors announce plan for southeast Kansas casino -11/24/2014, 4:55 PM

myTown Calendar

SPOTLIGHT
[var top_story_head]

Kan. justices seek more briefs in 'Hard 50' cases

Published on -1/8/2014, 4:13 PM

Printer-friendly version
E-Mail This Story

TOPEKA, Kan. (AP) -- Kansas Supreme Court justices on Tuesday asked attorneys for the state and four inmates to file additional legal briefs regarding the state's "Hard 50" prison sentence.

The state has made changes to its "Hard 50" law since a U.S. Supreme Court ruling last June in which it said that juries, not judges, must determine whether to impose mandatory minimum sentences. Defendants who receive the "Hard 50" are sentenced to life in prison and aren't eligible for parole for at least 50 years. Previously, Kansas had judges hand down such sentences.

The Kansas Supreme Court is looking at four cases decided after lawmakers amended the state law. Each case involves a defendant convicted of premeditated first-degree murder.

Legislators met in September in special session to make it so that juries, instead of judges, determine "Hard 50" sentences. The new law specifically says it would apply to cases still at trial or on appeal.

Tuesday's two-page order from the Kansas Supreme Court, signed by Chief Justice Lawton Nuss, asks attorneys to address whether failure to have a jury decide the sentence amounted to a harmless error at trial. Among the nuances to consider is whether the evidence would have been sufficient to support the harsher sentence beyond a reasonable doubt.

If the errors aren't harmless, the justices are asking whether the appropriate recourse is the send the cases back to district court for resentencing.

The order applies to the appeals of defendants Matthew Astorga, Dustin Hilt, Jonell Lloyd and Eldier Molina. Astorga's case was one that was sent back to Kansas by the U.S. Supreme Court following its June ruling.

Attorneys for the state have argued that the changes made by legislators in September were procedural in nature and that the sentences should stand, or at the least, be sent back for a jury to consider, with the "Hard 50" still an option.

Defense attorneys argue that changes made to the law amount to a new crime and punishment that didn't exist until September and thus couldn't be applied to cases that were decided as much as a decade ago. If the justices agree with defense attorneys that the changes violate the U.S. Constitution, the sentences would be set aside and the penalty would revert to a mandatory 25-year sentence before parole consideration.

In Kansas, the only penalties tougher than the "Hard 50" are capital punishment and life without parole, the alternative to death in a capital case and a sentence also possible for some habitual sex offenders.

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos