State v. HayesAnnotate this Case
The Supreme Court affirmed Defendant’s sentence of life without the possibility of parole for fifty years (hard fifty sentence), holding that the district court’s retroactive application of Kan. Stat. Ann. 21-6620 did not violate the prohibition on ex post facto laws.
Defendant was convicted of first-degree premeditated murder and sentenced to a hard fifty sentence. The Supreme Court vacated the hard fifty sentence and remanded. On remand, the district court again imposed a hard fifty sentence. Defendant appealed the district court’s determination that it could retroactively apply the hard fifty sentencing procedures of section 21-6620. The Supreme Court affirmed, holding that the retroactive application of the hard fifty sentencing procedures in section 21-6620 to Defendant’s resentencing did not violate the Ex Post Facto Clause.