Law Review and Bar Journal References:

"Kansas' New Death Penalty Law: Will It Be Administered Fairly and Consistently?" Marianne Deagle, 34 W.L.J. 539, 542, 546 (1995).

"The Problem of Implementing a Constitutional System of Capital Punishment," Stephen R. McAllister, 43 K.L.R. 1039, 1066 (1995).

"Federal Constitutional Requirements Governing Trial, Sentencing and Direct Review in Capital Cases," Stephen McAllister, 64 J.K.B.A. No. 8, 20, 21, 23, 24, 30, 31 (1995).

"The Constitutionality of Kansas Laws Targeting Sex Offenders," Stephen R. McAllister, 36 W.L.J. 419 (1997).

"Kansas Judicial Council Report: Proposed 2010 Legislation," Christy Molzen, 79 J.K.B.A. No. 2, 19 (2010).

CASE ANNOTATIONS

1. Imposition of consecutive hard 40 sentences for two murder convictions based on (K.S.A. 21-3436(b)) aggravating factor not erroneous. State v. Brady, 261 Kan. 109, 114, 929 P.2d 132 (1996).

2. Conviction of capital murder and imposition of hard 40 sentence affirmed. State v. Deiterman, 271 Kan. 975, 29 P.3d 411 (2001).

3. Convictions of capital murder, attempted rape and aggravated burglary are affirmed; constitutionality of Kansas capital murder statute affirmed; remanded for instructional error and separate sentencing procedure to determine whether defendant should be sentenced to death. State v. Kleypas, 272 Kan. 894, 40 P.3d 139 (2001).

4. Capital murder and hard 50 sentence affirmed. State v. Hebert, 277 Kan. 61, 82 P.3d 470 (2004).

5. Premeditated first-degree murder is lesser included offense of capital murder. State v. Martis, 277 Kan. 267, 83 P.3d 1216 (2004).

6. Defendant could be convicted on only one count of capital murder for the killing of four persons. State v. Harris, 284 Kan. 560, 561, 569, 577, 162 P.3d 28 (2007).

7. Cited; capital murder and first-degree premeditated murder, no cumulative punishment; capital murder always requires intentional and premeditated killing. State v. Scott, 286 Kan. 54, 65-68, 121, 183 P.3d 801 (2008).

8. Double homicide convictions for capital murder under K.S.A. 21-3439(a)(6) and for first-degree premeditated murder held improperly duplicitous. Trotter v. State, 288 Kan. 112, 200 P.3d 1236 (2009).

9. Convictions of the capital murder and underlying sex crime which is a lesser included offense of the capital murder are multiplicitous and in violation of the double jeopardy clause. State v. Appleby, 289 Kan. 1017, 221 P.3d 525 (2009).

10. The elements of aiding and abetting first-degree premeditated murder and capital murder based on murder for hire are not identical. State v. Robinson, 293 Kan. 1002, 270 P.3d 1183 (2012).

11. Actions that occurred prior to the enactment of the capital murder statue do not constitute a retroactive application of the statute as long as the final acts necessary to trigger application were committed after the effective date of the statute. State v. Robinson, 303 Kan. 11, 209, 363 P.3d 875 (2015).

12. Conviction for attempted rape was multiplicitous with capital murder conviction. State v. Belt, 305 Kan. 381, 408, 381 P.3d 473 (2016).