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

K.S.A. § 21-4625 (2026)

✓ current as of May 2026
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21-4625.

History: L. 1990, ch. 99, § 5; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Notes of Decisions
Cited in 50 cases (1 in the last 5 years), 1992–2022 · leading case: State v. Kleypas, 40 P.3d 139 (Kan. 2001).
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State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 44× “"(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any…”
State v. Scott, 183 P.3d 801 (Kan. 2008). · cites it 21× “21-4624(e) (Furse) provides, in pertinent part: "If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating…”
State v. Marsh, 102 P.3d 445 (Kan. 2004). · cites it 12× “See K.S.A. 21-4625. The jury found all three aggravating circumstances existed and were not outweighed by any mitigating circumstances and unanimously agreed to a sentence of death.”
State v. Spry, 973 P.2d 783 (Kan. 1999). · cites it 24× “Spry claims the evidence was insufficient to establish the existence of a K.S.A. 1993 Supp. 21-4625 aggravating circumstance.”
State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 7× “" Robinson recognizes the primary shortcoming of his argument, that the instructions given by the trial judge were based on the language of the statute providing for the penalty phase hearing, which provides: "If, by unanimous vote, the jury finds beyond a reasonable doubt that…”
State v. Willis, 864 P.2d 1198 (Kan. 1993). · cites it 9× “” The trial court instructed the jury on the one applicable statutory aggravating circumstance (K.S.A. 1992 Supp. 21-4625[6]): “Yoxi are instructed in arriving at your determination of punishment of Edwin Willis, you must first determine whether at the time this case was…”
State v. Kleypas, 147 P.3d 1058 (Kan. 2006). · cites it 9× “See K.S.A. 21-4625(1), (5), and (6). In response to Kleypas’ motion, the State alleged that much of the testimony of the witnesses would go toward proving the crime was committed in an especially heinous, atrocious, or cruel manner, in that it showed Kleypas’ stalking of the…”
State v. Stallings, 163 P.3d 1232 (Kan. 2007). · cites it 4× “In that separate proceeding, any evidence the court deems relevant, regardless of admissibility under the rules of evidence, may be presented, including matters related to the aggravating circumstances of K.S.A. 21-4625, which the State has previously identified, and any…”
State v. Phillips, 850 P.2d 877 (Kan. 1993). · cites it 8× “21-4624(3) specifically provides: “In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 1992 Supp.…”
State v. Bailey, 834 P.2d 342 (Kan. 1992). · cites it 5× “CONSTITUTIONALITY OF STATUTORY AGGRAVATING FACTORS In his next issue, the defendant challenges three of the aggravating factors set forth in K.S.A. 1991 Supp. 21-4625 as being unconstitutional on the grounds they are overbroad and vague on their face and, further,…”
State v. Kingsley, 851 P.2d 370 (Kan. 1993). · cites it 4× “Subsection (5) provides in pertinent part as follows: “If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 1992 Supp. 21-4625 and amendments thereto exist and, further, that the existence of such…”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). · cites it 4× “See K.S.A. 21-4625 (listing aggravating circumstances).”
Show all 50 citing cases →
— K.S.A. § 21-4625(1) — 5 cases
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “"(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any…”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). “See K.S.A. 21-4625 (listing aggravating circumstances).”
State v. Kleypas, 147 P.3d 1058 (Kan. 2006). “See K.S.A. 21-4625(1), (5), and (6). In response to Kleypas’ motion, the State alleged that much of the testimony of the witnesses would go toward proving the crime was committed in an especially heinous, atrocious, or cruel manner, in that it showed Kleypas’ stalking of the…”
State v. Kleypas (Kan. 2016).
State v. Gleason (Kan. 2017).
— K.S.A. § 21-4625(2) — 3 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “" Robinson recognizes the primary shortcoming of his argument, that the instructions given by the trial judge were based on the language of the statute providing for the penalty phase hearing, which provides: "If, by unanimous vote, the jury finds beyond a reasonable doubt that…”
State v. Scott, 183 P.3d 801 (Kan. 2008). “21-4624(e) (Furse) provides, in pertinent part: "If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating…”
State v. Gleason, 329 P.3d 1102 (Kan. 2014). “See K.S.A. 21-4625 (listing aggravating circumstances).”
— K.S.A. § 21-4625(3) — 5 cases
State v. Scott, 183 P.3d 801 (Kan. 2008). “21-4624(e) (Furse) provides, in pertinent part: "If, by unanimous vote, the jury finds beyond a reasonable doubt that one or more of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto exist and, further, that the existence of such aggravating…”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “"(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any…”
State v. Moses, 127 P.3d 330 (Kan. 2006).
State v. Richardson, 883 P.2d 1107 (Kan. 1994).
State v. Cromwell, 856 P.2d 1299 (1993).
— K.S.A. § 21-4625(4) — 2 cases
State v. Webber, 918 P.2d 609 (Kan. 1996).
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
— K.S.A. § 21-4625(5) — 4 cases
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “"(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any…”
State v. McKinney, 961 P.2d 1 (Kan. 1998).
State v. Reed, 886 P.2d 854 (Kan. 1994).
State v. Cromwell, 856 P.2d 1299 (1993).
— K.S.A. § 21-4625(6) — 10 cases
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “"(c) In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 21-4625 and amendments thereto and any…”
State v. Spry, 973 P.2d 783 (Kan. 1999). “Spry claims the evidence was insufficient to establish the existence of a K.S.A. 1993 Supp. 21-4625 aggravating circumstance.”
State v. Willis, 864 P.2d 1198 (Kan. 1993). “” The trial court instructed the jury on the one applicable statutory aggravating circumstance (K.S.A. 1992 Supp. 21-4625[6]): “Yoxi are instructed in arriving at your determination of punishment of Edwin Willis, you must first determine whether at the time this case was…”
State v. Kleypas, 147 P.3d 1058 (Kan. 2006). “See K.S.A. 21-4625(1), (5), and (6). In response to Kleypas’ motion, the State alleged that much of the testimony of the witnesses would go toward proving the crime was committed in an especially heinous, atrocious, or cruel manner, in that it showed Kleypas’ stalking of the…”
State v. Phillips, 850 P.2d 877 (Kan. 1993). “21-4624(3) specifically provides: “In the sentencing proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of sentence and shall include matters relating to any of the aggravating circumstances enumerated in K.S.A. 1992 Supp.…”
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