# State v. Cheever

> Supreme Court of Kansas · July 1, 2016 · 304 Kan. 866

URL: https://www.frixlaw.com/law-library/cases/7925971

## Case

- **Full name:** State v. Cheever
- **Court:** Supreme Court of Kansas
- **Decided:** July 1, 2016
- **Citations:** 304 Kan. 866
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7925971

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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 The original opinion without the modification will not be published in the bound volumes of the Kansas Reports.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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7925971. Public record. Not legal advice.