K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-4622 (2026)

✓ current as of May 2026
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21-4622.

History: L. 1990, ch. 99, § 2; L. 1994, ch. 252, § 2; L. 2004, ch. 102, § 1; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 16 cases, 1992–2017 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
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Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “§ 35-50-2-3 (2004) Kansas Kan. Stat. Ann. § 21-4622 (1995) Maryland Md.”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 2× “21-4624(b) governs juries in capital cases and provides: "Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto, upon conviction of a defendant of capital murder, the court, upon motion of the county or district attorney, shall conduct a separate sentencing…”
Graham v. Florida, 176 L. Ed. 2d 825 (2010). · cites it 2× “3-401 (4)(b) (2009) Kansas Kan. Stat. Ann. § 21-4622 (West 2007) Kentucky Ky.”
State v. Cheever, 284 P.3d 1007 (Kan. 2012). · cites it 3× “That statute provides: “Upon conviction of a defendant of capital murder and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence of death or life…”
State v. Harris, 915 P.2d 758 (Kan. 1996). · cites it 2× “The State filed with the court notice that it would be proceeding “under K.S.A. 21-4622 [sic]” and that notice of its intent had been provided to the defendant and the defendant’s attorney.”
State v. Hayes, 908 P.2d 597 (Kan. 1995). · cites it 2× “See K.S.A. 1993 Supp. 21-4622 through 21-4630.”
State v. Bailey, 834 P.2d 342 (Kan. 1992). “21-4624(2), set forth in pertinent part as follows: “Except as provided in K.S.A. 21-4622 and 21-4623 and amendments thereto, upon conviction or adjudication of guilt of a defendant of murder in the first degree based upon the finding of premeditated murder, the court upon…”
State v. Richardson, 883 P.2d 1107 (Kan. 1994). “Subsection (2) states in pertinent part as follows: “Except as provided in K.S.A. 1993 Supp. 21-4622 and 21-4623 and amendments thereto, upon conviction or adjudication of guilt of a defendant of murder in the first degree based upon the finding of premeditated murder, the court…”
Graham v. Florida, 560 U.S. 48 (2010). · cites it 2× “3-401 (4)(b) (2009) Kansas Kan. Stat. Ann. §21-4622 (West 2007) Kentucky Ky.”
State v. Phillips, 850 P.2d 877 (Kan. 1993). “21-4624(2) provides in pertinent part: “Except as provided in K.S.A. 1992 Supp. 21-4622 and 21-4623 and amendments thereto, upon conviction or adjudication of guilt of a defendant of murder in the first degree based upon the finding of premeditated murder, the court upon motion…”
State v. Copridge, 918 P.2d 1247 (Kan. 1996). “Harris, the transcript of arraignment contained the following statement by the State: “For the record, Your Honor, I would file with the Court notice of the State’s intent to proceed under K.S.A. 21-4622 [sic]. A copy has been provided to counsel and also to the defendant.”
State v. Hankins, 319 P.3d 571 (Kan. Ct. App. 2014). ““(b) Except as provided in K.S.A. 21-4622 and 21-4623, and amendments thereto, upon conviction of a defendant of capital murder, the court, upon motion of the county or district attorney, shall conduct a separate sentencing proceeding to determine whedier the defendant shall be…”
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