holding that although Cheever chose "the wrong procedural vehicle to obtain his requested relief" the issue would be considered because this is a death penalty case and K.S.A. 2015 Supp. 21-6619 applies
How later courts described this case
- holding that although Cheever chose "the wrong procedural vehicle to obtain his requested relief" the issue would be considered because this is a death penalty case and K.S.A. 2015 Supp. 21-6619 applies
- finding officers were exercising their police powers when they used their position as law enforcement to secure cooperation of private trash collector for trash pulls
- holding Kansas v. Carr forecloses any relief under Eighth Amendment on failure to provide a burden of proof instruction to accompany the mitigating circumstances instruction
- sheriff shot and killed while attempting to serve an arrest warrant
Written by the judges who cited it.
The opinion
No. 99,988 on pages 866-906 was modified by the Supreme Court on July 20, 2017, in response to defendant’s motion for rehearing or modification filed August 12, 2016. The original opinion without the modification will not be published in the bound volumes of the Kansas Reports.
See modified opinion on remand, State v. Cheever, No. 99,988 filed July 20, 2017, in 306 Kan. 760 , 402 P.3d 1126 (2017).