Law Review and Bar Journal References:

"Putting an End to the Imposition of Death by Misperception and Misunderstanding: Simmons v. South Carolina," Janie Clark, 43 K.L.R. 1147, 1166 (1995).

Survey of Recent Cases, 45 K.L.R. 1394 (1997).

Criminal Procedure Edition, 47 K.L.R. 937 (1999).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

"Durational and Dispositional Departures Under the Kansas Sentencing Guidelines Act: The Kansas Supreme Court's Uneasy Passage Through Apprendi-land [State v. Carr, 53 P.3d 843 (Kan. 2002)]," Steven J. Crossland, 42 W.L.J. 687 (2003).

"Criminal Procedure Survey of Recent Cases," Matt Corbin, Editor, 51 K.L.R. 659, 754 (2003).

"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 895 (2006).

CASE ANNOTATIONS

1. Trial court's ruling that aggravating factors outweighed mitigating factors in hard 40 sentence analysis upheld. State v. Hickles, 261 Kan. 74, 90, 929 P.2d 141 (1996).

2. Under facts, shooting deaths were committed in heinous manner justifying hard 40 sentence. State v. Brady, 261 Kan. 109, 111, 929 P.2d 132 (1996).

3. Police reports of prior crimes properly admitted; aggravating and mitigating circumstances only a portion of evidence court may consider. State v. Moncla, 262 Kan. 58, 77, 936 P.2d 727 (1997).

4. Hard 40 sentence vacated where aggravating circumstances did not outweigh mitigating circumstances. State v. Spain, 263 Kan. 708, 715, 953 P.2d 1004 (1998).

5. Evidence of aggravating circumstances sufficient to support hard 40 sentence. State v. Higgenbotham, 264 Kan. 593, 610, 957 P.2d 416 (1998).

6. Hard 40 sentence reversed; evidence insufficient, beyond reasonable doubt, that ax murder especially heinous, atrocious or cruel. State v. Spry, 266 Kan. 523, 524, 973 P.2d 783 (1999).

7. No error in determining aggravating factors outweighed mitigating factors in imposing 40-year mandatory sentence. State v. Valdez, 266 Kan. 774, 803, 977 P.2d 242 (1999).

8. Hard 40 sentence affirmed; shooting of one victim occurred in the course of shooting (and killing) second victim. State v. Hazelton, 267 Kan. 384, 386, 985 P.2d 698 (1999).

9. Conviction of premeditated first-degree murder and hard 40 sentence affirmed. State v. Bedford, 269 Kan. 315, 7 P.3d 224 (2000).

10. Aggravating factor of multiple murders may be used in imposing hard 40 sentences for two offenses and imposing consecutive sentences. State v. Jamison, 269 Kan. 564, 7 P.3d 1204 (2000).

11. Sufficient evidence to support hard 40 sentence. State v. Saiz, 269 Kan. 657, 7 P.3d 1214 (2000).

12. Factors to be considered in sentencing defendant to imprisonment for 40 years limited to those stated in statutes. State v. Coleman, 271 Kan. 733, 26 P.3d 613 (2001).

13. Hard 40 year sentence affirmed for first degree murder; victim was in extreme fear, had conscious physical pain as well as mental anguish. State v. Lessley, 271 Kan. 780, 26 P.3d 620 (2001).

14. Evidence does not support imposition of hard 40 sentence for first degree premeditated murder. State v. Flournoy, 272 Kan. 784, 36 P.3d 273 (2001).

15. Evidence of hitting victim with baseball bat and choking her supports killing in especially heinous, atrocious or cruel manner. State v. Papen, 274 Kan. 149, 50 P.3d 37 (2002).

16. Evidence did not establish an aggravating circumstance under section; hard 40 sentence vacated. State v. Holmes, 278 Kan. 603, 639, 102 P.3d 406 (2004).

17. Imposition of hard 50 sentence justified; not unconstitutional under Apprendi. State v. Robertson, 279 Kan. 291, 109 P.3d 1174 (2005).

18. Evidence does not support finding that shooting was heinous, atrocious or cruel. State v. Baker, 281 Kan. 997, 1020, 135 P.3d 1098 (2006).

19. Mentioned, defendants shooting into crowded dance floor sufficient aggravating factor to impose hard 50 sentence. State v. Kirtdoll, 281 Kan. 1138, 1153, 136 P.3d 417 (2006).

20. Preponderance of evidence supported finding murder was committed in especially heinous, atrocious or cruel manner. State v. Jones, 283 Kan. 186, 215, 151 P.3d 22 (2007).

21. Aggravating circumstances found in imposing hard 50-year sentence, challenged by defendant. State v. Johnson, 284 Kan. 18, 21, 23, 24, 25, 159 P.3d 161 (2007).

22. Hard 40 sentence upheld against constitutional challenge. State v. Hernandez, 284 Kan. 74, 105, 159 P.3d 950 (2007).

23. Conviction for premeditated murder and aggravated robbery found to be killing for monetary gain; hard 50 sentence upheld. State v. Reid, 286 Kan. 494, 524 to 526, 186 P.3d 713 (2008).

24. Cited; weighing of aggravating and mitigating circumstances discussed and applied. State v. Warledo, 286 Kan. 927, 933, 951, 952, 190 P.3d 937 (2008).

25. Sentencing under K.S.A. 21-4636 upheld; no correction of an illegal sentence called for under case facts. State v. Peirano, 289 Kan. 805, 217 P.3d 23 (2009).

26. The meaning of "cruel" discussed in abuse of child case. State v. Wilson, 41 Kan. App. 2d 37, 200 P.3d 1283 (2009).

27. Hard 50 sentence upheld as proper after weighing aggravating and mitigating circumstances. State v. Appleby 289 Kan. 1017, 221 P.3d 525 (2009).

28. Standard of proof for aggravating circumstances is a preponderance of evidence. State v. Nelson, 291 Kan. 475, 243 P.3d 343 (2010).

29. One undisputed aggravating circumstance provides an adequate basis for the hard 50 sentence. State v. Astorga, 295 Kan. 339, 284 P.3d 279 (2012).

30. Stipulated-to prior conviction of second degree murder supports the aggravating circumstance found in statute and does not require a finding of fact by a jury. State v. Walker, 304 Kan. 441, 458 (2016).

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