existence of the aggravating factors (Kansas) · Go Syfert
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existence of the aggravating factors in Kansas

14 Kansas opinions name it 2 courts 2014–2022 4 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Sotogreen
kan · 2014 · cited in 12 Kansas opinions naming this issue, 2014–2022
2 sentences

2021There, this court concluded K.S.A. 21-4635 violated the Sixth Amendment to the United States Constitution as applied in Alleyne "because it permits a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt." 299 Kan. 102 , Syl. ¶ 9.

2021There, this court concluded K.S.A. 21-4635 violated the Sixth Amendment to the United States Constitution as applied in Alleyne "because it permits a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt." 299 Kan. 102 , Syl. ¶ 9.

212
State v. Roedergreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2015–2015
2 sentences

2015See State v. Roeder, 300 Kan. 901, 942 , 336 P.3d 831 (2014).

2015See State v. Roeder, 300 Kan. 901, 942 , 336 P.3d 831 (2014).

11
State v. Hiltgreen
kan · 2014 · cited in 1 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See Soto, 299 Kan. at 124 (holding statutory procedure for imposing hard 50 sentence unconstitutional “because it permits a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt”); see also State v. Hilt, 299 Kan. 176, 203 , 322 P.3d 367 (2014) (applying Soto to conclude that judge’s finding of four aggravating circumstances by preponderance-of-the-evidence standard constituted Alleyne er

2014See Soto, 299 Kan. at 124 (holding statutory procedure for imposing hard 50 sentence unconstitutional “because it permits a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt”); see also State v. Hilt, 299 Kan. 176, 203 , 322 P.3d 367 (2014) (applying Soto to conclude that judge’s finding of four aggravating circumstances by preponderance-of-the-evidence standard constituted Alleyne er

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Astorga green
kan · 2014
2 sentences

2016F olio wing Alleyne, we have held the hard 50 sentencing scheme *459 in effect at die time of Walkers crime violated the Sixth Amendment to the United States Constitution because it “permitted a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt.” State v. Astorga, 299 Kan. 395, 397-98 , 324 P.3d 1046 (2014).

2016F olio wing Alleyne, we have held the hard 50 sentencing scheme *459 in effect at die time of Walkers crime violated the Sixth Amendment to the United States Constitution because it “permitted a judge to find by a preponderance of the evidence the existence of one or more aggravating factors necessary to impose an increased mandatory minimum sentence, rather than requiring a jury to find the existence of the aggravating factors beyond a reasonable doubt.” State v. Astorga, 299 Kan. 395, 397-98 , 324 P.3d 1046 (2014).

12016–2016
Almendarez-Torres v. United States red
scotus · 1998
2 sentences

2016Citing Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L. Ed. 2d 350 (1998), however, the Alleyne Court made it clear that tire Constitution does not require that the fact of a prior conviction be determined by a juiy.

2016Citing Almendarez-Torres v. United States, 523 U.S. 224 , 118 S. Ct. 1219 , 140 L. Ed. 2d 350 (1998), however, the Alleyne Court made it clear that tire Constitution does not require that the fact of a prior conviction be determined by a juiy.

12016–2016

Statutes the citing opinions construe

KS § K.S.A. § 21-4635 (12) KS § K.S.A. § 21-4636 (8) KS § K.S.A. § 22-3601 (8) KS § K.S.A. § 21-6620 (7) KS § K.S.A. § 22-3504 (7) KS § K.S.A. § 22-3717 (7) KS § K.S.A. § 60-1507 (7) KS § K.S.A. § 21-3401 (5) KS § K.S.A. § 21-4638 (5) KS § K.S.A. § 21-4706 (5) KS § K.S.A. § 21-6628 (5) KS § K.S.A. § 21-3439 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KS 14 (2014–2022) FL 10 (2017–2026) NC 9 (1985–2021) NY 4 (2017–2019) IL 3 (1983–2006) TN 2 (2012–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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