State v. Davidson
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The Supreme Court affirmed Defendant's conviction of aggravated criminal sodomy and the requirement that he register as a sex offender for life under the Kansas Offender Registration Act (KORA), Kan. Stat. Ann. 22-4906(c), holding that there was no error in the proceedings below.
On appeal, Defendant argued that retroactive application of KORA violates the federal constitutional prohibition against ex post facto punishment, constituted cruel and unusual punishment, and infringed on his right to due process. The appellate court affirmed. The Supreme Court affirmed, holding (1) Defendant's due process and cruel and unusual punishment arguments were waived and abandoned; and (2) KORA registration requirements are not punitive in purpose or effect, and therefore, retroactive application of KORA provisions to Defendant did not violate the Ex Post Facto Clause of the United States Constitution.
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