State v. Coones
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree premeditated murder. The district court sentenced Defendant to a hard fifty sentence, which was imposed under Kan. Stat. Ann. 21-4635. The Supreme Court affirmed, holding (1) Defendant’s trial counsel did not provide ineffective assistance; (2) the district court did not err by admitting testimony concerning a confrontation between Defendant and the victim a few days before the murder, as the testimony was admissible under a hearsay exception to the general exclusionary rule; (3) the prosecutor did not engage in misconduct; but (4) because section 21-4635 has been found unconstitutional, Defendant’s hard fifty sentence was vacated and the case remanded to the district court for resentencing.
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