Petition for Writ of Certiorari — Dennis Lee Shaffer, Petitioner v. Kansas

Supreme Court briefFeb 17, 2022

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No. ______________

IN THE

SUPREME COURT OF THE UNITED STATES

_________________________________________________

DENNIS LEE SHAFFER

Petitioner,

v.

STATE OF KANSAS,

Respondent.

__________________________________________________

On Petition for Writ of Certiorari

to the Kansas Supreme Court

__________________________________________________

Petition for Writ of Certiorari

__________________________________________________

JENNIFER C. ROTH

Counsel of Record

RANDALL L. HODGKINSON

KANSAS APPELLATE DEFENDER OFFICE

700 S.W. Jackson Street, Suite 900

Topeka, Kansas 66603

(785) 296-5484

jroth@sbids.org

Counsel for Petitioner

__________________________________________________

QUESTION PRESENTED

Do the cumulative burdens of the Kansas Offender Registration Act constitute

punishment under the test set out in Smith v. Doe, 538 U.S. 84 (2003), such that

retroactive application violates the Ex Post Facto Clause?

ii

TABLE OF CONTENTS

QUESTION PRESENTED……………………………………………………………………ii

TABLE OF CONTENTS……………………………………………………………….........iii

LIST OF APPENDICES……………………………………………………………………...iv

TABLE OF AUTHORITIES………………………………………………………………….v

PETITION FOR WRIT OF CERTIORARI…………………………………………………1

OPINIONS BELOW…………………………………………………………………………...1

JURISDICTION………………………………………………………………………………..1

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED………………...1

STATEMENT OF THE CASE………………………………………………………….........2

A.

The Kansas Offender Registration Act……………………………………..4

B.

Proceedings in the district court……………………………………...........12

C.

Proceedings in the Kansas appellate courts……………………………...13

REASONS FOR GRANTING THE PETITION………………………………………….15

A.

Lower courts are divided over whether retroactive application

of modern-day registration requirements violates the

Ex Post Facto Clause…………………………………………………………15

B.

Only this Court can put a stop to what lower courts and legislatures

have been using Smith v. Doe to justify for almost 20 years…………..17

C.

The decision below is wrong………………………………………………...17

D.

Now is the time for this Court to consider this important

and recurring issue, and this case is an ideal vehicle to do so………..25

CONCLUSION……………………………………………………………………………….25

iii

APPENDICES

APPENDIX A:

Slip Opinion, State v. Shaffer, No. 119,738 (Kan. November 19, 2021)……………...1a

APPENDIX B:

Slip Opinion, State v. Shaffer, No. 119,738 (Kan. App. November 22, 2019)……….7a

APPENDIX C:

Slip Opinion, State v. Davidson, No. 119,759 (Kan. September 17, 2021)…………16a

APPENDIX D:

Slip Opinion, State v. N.R., No. 119,796 (Kan. September 17, 2021)……………….28a

APPENDIX E:

Slip Opinion, State v. Petersen-Beard, No. 108,061 (Kan. April 22, 2016)…………66a

APPENDIX F:

Slip Opinion, Doe v. Thompson, No. 110,318 (Kan. April 22, 2016)……………….108a

APPENDIX G:

Kansas offender registration act, Kan. Stat. Ann. § 22-4901 et seq………...........175a

APPENDIX H:

Comparison of Smith v. Doe-era ASORA with 2011 KORA………………………..200a

APPENDIX I:

Expansion of Kansas offender registration act, 1993-present……………………..227a

iv

TABLE OF AUTHORITIES

Cases

Doe v. Dep’t of Pub. Safety & Corr. Servs., 62 A.3d 123 (Md. 2013) ................ 16

Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016),

cert. denied, __ U.S. __, 138 S. Ct. 558 (2017)………………………..15, 18

Doe v. State, 111 A.3d 1077 (N.H. 2015) ........................................................... 16

Doe v. State, 189 P.3d 999 (Alaska 2008) ......................................................... 16

Doe v. Thompson, 304 Kan. 291, 373 P.3d 750 (2016)…………………………….8

Does v. Wasden, 982 F.3d 784, 792 (9th Cir. 2020)………………………………16

In Int. of T.H., 913 N.W.2d 578 (Iowa 2018) .................................................... 16

In re C.P., 967 N.E.2d 729 (Ohio 2012) ............................................................. 16

In re J.B., 107 A.3d 1 (Pa. 2014) ....................................................................... 16

Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963) .................................... 8, 13

In Int. of T.B., 489 P.3d 752 (Colo. 2021) .......................................................... 16

People v. Betts, __ N.W. 2d __, 2021 WL 3161828 (Mich. 2021) ...................... 16

Smith v. Doe, 538 U.S. 84 (2003) .......................................................... 1, passim

Starkey v. Oklahoma Dep’t of Corr., 305 P.3d 1004 (Okla. 2013) .................... 16

In Int. of C.K., 182 A.3d 917 (N.J. 2018)........................................................... 16

State v. Buser, 304 Kan. 181, 371 P.3d 886 (2016)………………………...………8

State v. Davidson, __ Kan. __, 495 P.3d 402 (2021) ........................................... 9

State v. Letalien, 985 A.2d 4 (Me. 2009) ........................................................... 16

State v. N.R., __ Kan. __, 495 P.3d 16 (2021),

petition for cert. filed, Dec. 16, 2021 (No. 21-6719)……………..9, passim

State v. Petersen-Beard, 304 Kan. 192, 377 P.3d 1127 (2016)………3, 8, passim

State v. Redmond, 304 Kan. 283, 371 P.3d 900 (2016)……………………………8

State v. Reed, 306 Kan. 899, 399 P.3d 865 (2017)…………………………………9

State v. Shaffer, No. 119,738, 2019 WL 6223787 (Kan. Ct. App. 2019)………13

State v. Williams, 952 N.E.2d 1108 (Ohio 2011) .............................................. 16

Wallace v. State, 905 N.E.2d 371 (Ind. 2009) ................................................... 16

Constitution, Statutes, and Session Laws

U.S. Const. art. I, § 9, cl. 3………………………………………………………………1

28 U.S.C. § 1257(a) ................................................................................................. 1

34 U.S.C. § 20901 ............................................................................................... 2, 6

34 U.S.C. § 20915(b) ....................................................................................... 22, 23

42 U.S.C. §16901………………………………………………………………………….6

Kan. Stat. Ann. § 21-5202……………………………………………………………..23

Kan. Stat. Ann. § 21-5203 .................................................................................... 23

Kan. Stat. Ann. § 21-6804(m) .............................................................................. 23

Kan. Stat. Ann. § 21-6809 .................................................................................... 22

v

Kan. Stat. Ann. § 22-4901 ...................................................................................... 1

Kan. Stat. Ann. § 22-4902……………………………………………………………...12

Kan. Stat. Ann. § 22-4903 ................................................................................ 6, 22

Kan. Stat. Ann. § 22-4904 .................................................................................... 20

Kan. Stat. Ann. § 22-4906 ...................................................................................... 5

Kan. Stat. Ann. § 22-4908 ................................................................................ 5, 22

1993 Kan. Sess. Laws, ch. 253 ............................................................................... 4

1994 Kan. Sess. Laws, ch. 107. .............................................................................. 5

1997 Kan. Sess. Laws, ch. 181…………………………………………………………..5

1999 Kan. Sess. Laws, ch. 164 ............................................................................... 5

2001 Kan. Sess. Laws, ch. 208 ............................................................................... 5

2002 Kan. Sess. Laws, ch. 55 ................................................................................. 5

2006 Kan. Sess. Laws, ch. 212 ............................................................................. 22

2006 Kan. Sess. Laws, ch. 214 ............................................................................... 5

2007 Kan. Sess. Laws, ch. 183. .............................................................................. 5

2011 Kan. Sess. Laws, ch. 95 ................................................................................. 5

2013 Kan. Sess. Laws, ch. 127…………………………………………………………23

Other Authorities and Sources

Association for the Treatment of Sexual Abusers, Registration and Community

Notification of Children and Adolescents Adjudicated of a Sexual Crime:

Recommendations for Evidence-Based Reform (2020)……………………..18, 21

Final Report on Sex Offenders: Recidivism and Collateral

Consequences (September 30, 2011)……………………………………………….20

Information Sharing and the Role of Sex Offender Registration and

Notification, Final Technical Report (2020)...………………………………....3, 19

Christopher Lobanov-Rostovsky, Sex Offender Management Assessment and

Planning Initiative Research Brief, Adult Sex Offender Management

(July 2015)…………………………………………………………………………......21

H.B. 2322 (2011) ............................................................................................................ 6

Testimony in Support of HB 2322, February 17, 2011, by Sg. Al Deathe ................... 6

Testimony in Support of HB 2322, March 3, 2011, by Nicole Dekat…………………...6

Testimony in Support of HB 2322, March 2, 2011, by Dave Hutchings……………….7

House Substitute for S.B. 37 (2011)…………………………………………………………7

Minutes of the House Corrections and Juvenile Justice Committee,

March 16, 2011……………………………………………………………………........7

House Journal 2011……………………………………………………………………………8

Senate Journal 2011…………………………………………………………………………...8

Prison Bed Impact Assessment on 2020 HB 2475, Kansas Sentencing

Commission, January 30, 2020……………………………………………………..24

Prison Bed Impact Assessment on 2022 HB 2515, Kansas Sentencing

Commission, February 3, 2022……………………………………………………..24

vi

Kansas Judicial Council, Report of the Judicial Council Advisory

Committee on Sex Offenses and Registration (December 11, 2020)……….2, 24

Ira Mark Ellman, When Animus Matters and Sex Crime

Underreporting Does Not: The Problematic Sex Offender Registry,

7 U. Pa. J.L. & Pub. Aff. 1 (2021)………………………………………………..2, 21

Ira Mark Ellman & Tara Ellman, "Frightening and High": The Supreme Court's

Crucial Mistake About Sex Crime Statistics,

30 Const. Comment. 495 (2015)…………………………………………………….18

Elizabeth Reiner Platt, Gangster to Greyhounds: The Past, Present, and

Future of Offender Registration, 37 N.Y.U. Rev. of L.

and Soc. Change, 727, 766 (2013)…………………………………………………..21

Lindsay Strong, The Kansas Offender Registration Act: Where’s the

Constitutional Limit?, 66 U. Kan. L. Rev. 787, 807 (2018)………………………3

vii

PETITION FOR WRIT OF CERTIORARI

Dennis Shaffer respectfully petitions this Court for a writ of certiorari to

review the judgment of the Kansas Supreme Court in this case.

OPINIONS BELOW

The split opinion of the Kansas Supreme Court is unpublished at 499 P.3d

458. (Slip opinion included as Appendix A at Pet. App. 1a.) The opinion of the

Kansas Court of Appeals is unpublished at 452 P.3d 405. (Slip opinion included as

Appendix B at Pet. App. 7a.) The oral judgment of the state district court is

unreported. R: 13: 9.

JURISDICTION

The Kansas Supreme Court issued its opinion on November 19, 2021. Pet.

App. 1a. This Court has jurisdiction under 28 U.S.C. § 1257(a).

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

U.S. Const. art. I, § 9, cl. 3:

“No Bill of Attainder or ex post facto Law shall be passed.”

The entirety of the Kansas offender registration act, found within the Kansas code

of criminal procedure at Kan. Stat. Ann. § 22-4901 et seq., is included at Pet. App.

175a.

1

STATEMENT OF THE CASE

The State of Kansas retroactively imposed a Kansas Offender Registration

Act (KORA) obligation on Dennis Shaffer beginning in 2009, based on a conviction

from Missouri in 1994. This was possible because of Smith v. Doe, 538 U.S. 84

(2003), which has emboldened the Kansas Legislature to enact seemingly limitless

expansion of KORA. The Legislature has made substantive changes to the

registration regime in 14 of the last 28 years, with almost every single change being

applied retroactively. See Pet. App. 227a for a year-by-year breakdown of changes.

At this point, there are over 22,000 people in Kansas who are registrants;

about half register because of a sex offense, with about 5,000 people each in the

drug and violent categories. Report of the Judicial Council Advisory Committee on

Sex Offenses and Registration, December 11, 2020, p. 30. “[N]o other category of

individuals who have completed their criminal sentence, including any term of

parole or supervised release, is subject to anything remotely similar” to the

“package of burdens” imposed by registration regimes. Ira Mark Ellman, When

Animus Matters and Sex Crime Underreporting Does Not: The Problematic Sex

Offender Registry, 7 U. Pa. J.L. & Pub. Aff. 1, 8 (2021).

There must be a limit to how far Smith v. Doe can go, and Kansas has

exceeded it. Smith v. Doe was decided before Congress enacted the Sex Offender

Registration and Notification Act (SORNA) in 2006, a federal law plus a series of

legally binding guidance issued by the Executive Branch, which consists of

requirements for states to implement in their own registries. 34 U.S.C. § 20901, et

2

seq. Since 2006, registration requirements in different jurisdictions, including

Kansas, have expanded exponentially, and the laws have become far more punitive.

Notably, Kansas is the only state that has fully implemented all 14 areas of

SORNA. See Information Sharing and the Role of Sex Offender Registration and

Notification, Final Technical Report (2020), pps. 49, 174 (found at

https://www.ncjrs.gov/pdffiles1/nij/grants/254680.pdf). In the other 17 states that

are in substantial compliance, the legislatures tailored their registries to some

degree. Not only did Kansas fully implement all 14 areas, but it (1) went beyond

what SORNA requires and (2) applied the requirements to all types of registrants

(sex, drug, and violent). This makes Kansas different from every other state.

Additionally, since Smith v. Doe, there has been an explosion of research,

data, and studies on recidivism rates of people who have committed a sex offense, as

well as the efficacy of registration schemes. That evidence suggests that registration

does not create public safety—in fact, it undermines that goal. See Reasons for

Granting the Petition, infra, at 18-21. This Court would have two decades of new

information to consider when analyzing the Mendoza-Martinez factors. See, e.g.,

Lindsay Strong, The Kansas Offender Registration Act: Where’s the Constitutional

Limit?, 66 U. Kan. L. Rev. 787, 807 (2018) (“The Mendoza-Martinez factors most

affected by modern research would be KORA’s rational relation to a non-punitive

purpose and KORA’s excessiveness in respect to its purpose”).

Also emboldened by Smith v. Doe, the Kansas Supreme Court continues to

give limitless deference to KORA as a civil regulatory scheme with no punitive

3

effects, despite being presented evidence to the contrary. Fortunately, lower courts

taking the default position that Smith v. Doe controls over their state’s registry

conditions is waning. Since 2009, at least 13 state courts of last resort and the Sixth

Circuit have held that offender registration statutes cannot be applied retroactively

without violating prohibitions against ex post facto laws or cruel and unusual

punishment. See Reasons for Granting the Petition, infra, at 16; see also Pet. App.

64a (“Across the nation, courts are creeping out of the shadow of Smith and

declaring registration requirements punitive”).

Because of the increasingly punitive nature of offender registration schemes,

this Court should weigh in on whether KORA and similar schemes constitute

punishment for purposes of the Ex Post Facto Clause. Although Smith v. Doe

provided a framework, the statutory scheme in Alaska in 2003 was too different

from the current landscape of offender registration requirements for its conclusion

to be the guidance that courts and legislatures need now. Next year, KORA will be

30 years old. Smith v. Doe will be 20 years old. Now is the time for this Court to act.

A.

The Kansas Offender Registration Act

1.

The Kansas Legislature created the first offender registry act in 1993.

The Habitual Sex Offender Registration Act required a person twice convicted of a

sexually violent crime to register with the sheriff in the county where he/she lived

for ten years. The information was open to law enforcement agencies only. 1993

Kan. Sess. Laws, ch. 253. On April 14, 1994, the Legislature expanded the Act to

include people with first-time convictions and renamed it the Kansas Sex Offender

4

Registration Act. It allowed public access to registrants’ information; interested

parties had to go to the sheriff’s office to access the information. 1994 Kan. Sess.

Laws, ch. 107.

In 1997, the Legislature added people convicted of murder and manslaughter,

and people with convictions for certain crimes with victims under age 18. The Act

was renamed and has since remained the Kansas Offender Registration Act. 1997

Kan. Sess. Laws, ch. 181. Since 1997, additional sex offenses have been added to the

definition of offender, and children adjudicated of certain sex offenses were added in

2002. 2002 Kan. Sess. Laws, ch. 55.

The Legislature broadened KORA further: in 2006, to include people

convicted of any person felony [where a finding was made that] a deadly weapon

was used,” and in 2007, to include people convicted of manufacturing, possession of

precursors, and drug distribution or possession with intent to distribute. 2006 Kan.

Sess. Laws, ch. 214; 2007 Kan. Sess. Laws, ch. 183.

2.

The registration periods for people convicted of sex offenses range from

15 years to lifetime, but most are lifetime. Kan. Stat. Ann. § 22-4906.

Although the original act permitted registrants to petition for early removal,

now that process is expressly prohibited by statute. Kan. Stat. Ann. § 22-4908; 1999

Kan. Sess. Laws, ch. 164; 2001 Kan. Sess. Laws, ch. 208. 2011 Kan. Sess. Laws, ch.

95. Failing to comply with KORA is a mid-level felony or greater. Kan. Stat. Ann. §

22-4903; see also Reasons for Granting the Petition, infra, at 22-24.

5

3.

In 2006, Congress enacted the Sex Offender Registration and

Notification Act (SORNA), which was Title I of the Adam Walsh Child Protection

and Safety Act. Pub. L. No. 109-248 (originally codified at 42 U.S.C. §16901, et seq.;

now at 34 U.S.C. § 20901, et seq.). As a result, the Kansas Bureau of Investigation

(KBI) formed the Offender Registration Working Group. In 2011, the Working

Group, in conjunction with the KBI, introduced 2011 HB 2322. The stated purpose

of the bill was to bring Kansas into “substantial compliance” with SORNA. See, e.g.,

Testimony In Support of HB 2322, February 17, 2011, by Sg. Al Deathe, Douglas

County Sheriff’s Office (“HB2322 blends requirements of the Walsh Act with all the

additional requirements the State of Kansas has added over the past three years”).

If Kansas did not substantially implement the requirements of SORNA by July 27,

2011, it would lose ten percent of its Byrne Grant monies. See Testimony in Support

of HB 2322, March 3, 2011, by Nicole Dekat, KBI. “[T]he KBI and the Working

Group” also sought “changes that are not SORNA issues,” including:

“[r]estructuring the severity levels for violations” in order to “treat repeat

offenders and absconders more harshly than first time violators” (i.e. firsttime would be a severity level six instead of the current severity level five;

second-time would be severity level five; and a third or subsequent

conviction, or a violation lasting more than 180 days, would be a severity

level three person felony);

“Expanding venue to allow jurisdictions to better deal with the issues of

noncompliant offenders”; and

“Requiring that, during an offender’s term of registration, no part of the

offender’s criminal record may be expunged. We believe that, because of the

great scrutiny placed upon registered offenders, their complete criminal

history should remain intact throughout the time they are required to

register.”

6

Additional components included allowing the court to require any person to

register for an offense not otherwise required in KORA, make registration lifetime

for anyone with two qualifying convictions (of any type), and requiring registrants

to sign a registration form because it was “necessary for the efficient management

of offender[s] under Kansas law and would provide necessary information for

prosecution for noncompliance.” Testimony in Support of HB 2322, March 3, 2011,

by Dave Hutchings, KBI. There were many more changes in HB 2322, with the

Group’s suggestions outlined in the testimonies.

Incidentally, SORNA has nothing to do with drug or violent offenses, yet the

Working Group applied all of its suggestions to all types of registrants. The

proponents did acknowledge that SORNA “requires a tiered duration of registration

of 15 years, 25 years, and lifetime registration,” but the Working Group “prefer[red]

to manage the program within a two-tiered system,” i.e. 15 years or life. Id.

The House committee that heard the bill did a “gut and go”, i.e. gutted a

Senate bill and put the contents of HB 2322 into it, thus creating House Substitute

for Senate Bill No. 37. Minutes of the House Corrections and Juvenile Justice

Committee, March 16, 2011, p. 2. H. Sub. for SB 37 passed the House; there were no

explanations of vote. Because the House used the “gut and go” procedure, the

provisions of HB 2322-turned SB 37 were never heard on the Senate side. In other

words, there was no hearing in Senate Judiciary, and the Senate as a whole did not

debate the bill. The Senate’s input was limited to three members who served on the

conference committee. Eventually both chambers adopted a conference committee

7

report. House J. 2011, p. 1028-30; Sen. J. 2011, p. 759-60. There were no

explanations of votes. The KORA overhaul became law.

4.

Eventually, a number of registrants challenged the application of the

2011 amendments to their situations, arguing that retroactive application of the

sweeping changes to them violated the Ex Post Facto Clause. After applying the

factors set out in Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963), to the 2011

KORA amendments, a majority (4-3) of one composition of the Kansas Supreme

Court agreed that the 2011 version constituted punishment for the purposes of the

Ex Post Facto Clause. State v. Buser, 304 Kan. 181, 371 P.3d 886 (2016); State v.

Redmond, 304 Kan. 283, 371 P.3d 900 (2016); Doe v. Thompson, 304 Kan. 291, 373

P.3d 750 (2016); Pet. App. 108a. (KORA, as amended in 2011, was punitive in effect

and could not be applied retroactively to any registrant who committed the

qualifying crime prior to July 1, 2011).

But on that same day, a majority of a one-justice-different composition of the

Court overruled those three cases and held that lifetime sex offender registration

was not punishment and, therefore, did not violate the Eighth Amendment

prohibition against cruel and unusual punishment. State v. Petersen-Beard, 304

Kan. 192, 377 P.3d 1127 (2016), cert. den. October 3, 2016; Pet. App. 66a. The

majority cut and pasted the dissent from Doe v. Thompson and adopted it as its

reasoning and basis for decision, which was “a faithful application of federal

precedents requires us to find that the provisions of KORA at issue here are not

punitive for purposes of applying our federal Constitution.” Pet. App. 72a.

8

The following year, when faced with a strictly Ex Post Facto claim, the Court

did no new analysis or discuss the differences in situation, and simply pointed to

Petersen-Beard. State v. Reed, 306 Kan. 899, 900, 904, 399 P.3d 865 (2017)

(Petersen-Beard did not involve retroactivity, while Reed did; six months before his

time was set to expire, the 2011 amendments made Reed go from a 10-year

registration period to lifetime).

In August and October 2020, the Court granted petitions for review in State

v. Davidson and State v. N.R. Order, State v. N.R., No. 119,796 (Kan. August 27,

2020); Order, State v. Davidson, No. 119,759 (Kan. October 16, 2020). Mr. Davidson

had been convicted in 2002 of aggravated criminal sodomy and N.R. had been

adjudicated of rape in 2006 when he was a child; both had lifetime registration

periods and had been convicted of KORA noncompliance. Pet. App. 16a-17a, 32a.

The Court had not granted a petition about the retroactive application of the

Kansas Offender Registration Act since Petersen-Beard was decided.

On September 17, 2021, the Court decided Davidson and N.R. State v.

Davidson, __ Kan. __, 495 P.3d 9 (2021); State v. N.R., __ Kan. __, 495 P.3d 16

(2021), petition for cert. filed, Dec. 16, 2021 (No. 21-6719). The Court had not held

oral argument in Davidson. The Court did no new analysis in its Davidson decision;

it simply “reaffirm[ed] [its] holding in Petersen-Beard that KORA registration

requirements are not punitive in purpose or effect. Accordingly, retroactive

application of KORA provisions to Davidson does not violate the Ex Post Facto

Clause of the United States Constitution.” Pet. App. 23a. The majority claimed that

9

“Davidson presents essentially the same arguments this court considered and

rejected in Petersen-Beard. He presents no new evidence or analysis.” Pet. App. 22a.

But as Mr. Shaffer discusses in the Reasons to Grant Review, the Court said it “had

the briefing in Shaffer and considered it when we decided Davidson.” Pet. App. 2a.

The majority—which included three members of the Court that reversed

itself on the same day in 2016—also commented that “[t]hough not discussed by

Davidson, the only change that has occurred since Petersen-Beard is that three new

justices have replaced three retired justices on the court. But ‘we should be highly

skeptical of reversing an earlier decision where nothing has changed except the

composition of the court. [Internal citation omitted.].’” Pet. App. 24a. The majority

“[kept] in mind that ‘[w]e do not overrule precedent lightly and must give full

consideration to the doctrine of stare decisis,’” and the dissent “[stood] firm in [its]

belief that the oppressive and onerous requirements of offender registration are

punitive. This case presents just another prime example.” Pet. App. 22a, 26a.

In N.R., the Court agreed the “affidavits establish that N.R. has suffered

personal harm, violence, mental health issues, and embarrassment because of

public dissemination of his registration information.” Pet. App. 40a. And the

majority “recognized that juveniles generally have a ‘lower risk of recidivism’ and

that ‘[p]lacing lifetime restraints on a juvenile offender’s liberties requires a

determination that the juvenile will forever be a danger to society’ and undermines

juvenile rehabilitation.” Pet. App. 41a-42a (discussing how it struck down as

unconstitutional the mandatory lifetime postrelease supervision for children).

10

But then the majority characterized N.R.’s use of “the ‘children are different’

analysis” as a “circular” argument and a “red herring” because postrelease

supervision and life without parole are “punishment”, “punishments”, or “sentences”

(emphasis in original), “[b]ut under the current state of the law in Kansas, the

KORA registration requirements are not punitive. See Petersen-Beard [citation

omitted]. Because they are not punitive, the KORA registration requirements are

not subject to the punishment analysis” set out in the Court’s opinions. Pet. App.

42a-44a. The majority held that “KORA’s mandatory lifetime registration

requirements as applied to N.R. are not punishment and, as a result, do not violate

the federal Ex Post Facto Clause or the prohibition against cruel and unusual

punishment under the Eighth Amendment of the United States Constitution[.]” Pet.

App. 47a.

The N.R. dissent began like this:

For more than 15 years I have been a proud member of a court that has

historically taken an unyielding stand against the degradation of rights

guaranteed by our Constitution. . . .

Today, I feel none of that pride. Today, the court eschews the United States

Constitution and the citizens it stands to protect for reasons I cannot

comprehend.

Pet. App. 50a. The dissent included research, data, real-world analysis, and a list of

cases from other states where N.R.’s situation was decided differently. Pet. App.

54a-65a. The dissent concluded:

N.R. is—very clearly—being punished by the Legislature’s “civil scheme.”

The majority’s refusal to acknowledge this is inexplicable. To put it plainly, in

the words of my recently retired colleague, the majority’s holding is “wrongheaded and utterly ridiculous. ... [I]n the real world where citizens reside,

11

registration is unequivocally punishment.” State v. Perez-Medina, 310 Kan.

525, 540-41, 448 P.3d 446 (2019) (Johnson, J., dissenting). Consequently, I

would hold that N.R.’s lifetime registration requirement violates the Ex Post

Facto Clause because it was enacted and imposed after N.R. committed the

actions that led to his adjudication.

Pet. App. 65a.

B.

Proceedings in the district court

The State charged Mr. Shaffer with one count of violating KORA. Pet. App.

8a. Mr. Shaffer opted for a bench trial, at which the parties stipulated that Mr.

Shaffer had a registration obligation due to a conviction for first degree sexual

abuse in June 1994 in Missouri. Pet. App. 8a (notably, this fact, nor the previous

one, are not included in the Kansas Supreme Court’s opinion; these facts come from

the Court of Appeals‘ decision). Mr. Shaffer’s trial exhibits included a letter from the

Kansas Bureau of Investigation, dated December 18, 2009, informing Mr. Shaffer

that

[o]n June 16, 2009, the Missouri Supreme Court ruled that requirements

under the Sexual Offenders Registration and Notification Act (SORNA) now

apply to require registration even of offenders who were convicted prior to

January 1, 1995. Therefore you are now required to register in Kansas in any

County where you reside, work or attend an educational institution, per

K.S.A. 22-4902.

(R. 15: 146.)

Mr. Shaffer argued that retroactively imposing KORA obligations on him

violated the Ex Post Facto Clause of the U.S. Constitution. (R. 13: 5-6.) The court

quickly ruled against the constitutional issue, and found Mr. Shaffer guilty as

charged. (R. 13: 6-9.)

C.

Proceedings in the Kansas appellate courts

12

1.

Mr. Shaffer appealed to the Kansas Court of Appeals. He detailed the

stark differences between KORA and the Alaska Sex Offender Registration Act

(ASORA) at issue in Smith v. Doe, and analyzed how KORA implicates all seven of

the Mendoza-Martinez factors used in Smith v. Doe. Brief of Appellant at 17-31,

State v. Shaffer, No. 119,738 (Kan. Ct. App. March 25, 2019). See also Pet. App.

202a (a chart comparing ASORA statutes with 2011 KORA).

The Court of Appeals had no choice but to affirm Mr. Shaffer’s conviction:

“Shaffer’s argument is premised upon the conclusion that Petersen-Beard was

wrongly decided. Even if we would assume this to be true, we lack the authority to

overrule precedent established by the Kansas Supreme Court.” Pet. App. 15a. The

Court concluded “Shaffer has adequately preserved this issue and is free to seek

review by the Kansas Supreme Court and urge it to change its prior holdings. But

since we rely on the binding precedent, we cannot grant the relief he seeks.” Pet.

App. 15a.

2.

Mr. Shaffer filed a petition for review in the Kansas Supreme Court,

where he again argued that requiring him to register under KORA violates the Ex

Post Facto Clause of the U.S. Constitution. Appellant’s Petition for Review, State v.

Shaffer, No. 119,738 (Kan. December 23, 2019). On August 27, 2020, the Court

granted Mr. Shaffer’s petition as well as the one in N.R.; the Court granted the

petition in Davidson on October 16, 2020. Order, State v. Shaffer, No. 119,738 (Kan.

August 27, 2020); Order, State v. N.R., No. 119,796 (Kan. August 27, 2020); Order,

State v. Davidson, No. 119,759 (Kan. October 16, 2020).

13

As mentioned earlier, the Court had not granted a petition about the

retroactive application of the Kansas Offender Registration Act since PetersenBeard. Mr. Shaffer filed a supplemental brief using all 25 pages allowed, and

attached almost 70 pages of charts and legislative history. Incidentally, the State

did not file a response to Mr. Shaffer’s petition or his supplemental brief. The State

did not file a supplemental brief. At oral argument, the State did not challenge the

validity of the information Mr. Shaffer put in his supplemental brief. Oral

Argument at 36:37, State v. Shaffer, No. 119,738, March 31, 2021.

Five days after it issued its opinions in N.R. and Davidson, the Court ordered

Mr. Shaffer to answer why the Court should not summarily affirm his case because

“[i]t appears this [C]ourt’s ruling in [Davidson and Petersen-Beard] are dispositive

of this appeal.” Show Cause Order, State v. Shaffer, No. 119,738, (Kan. September

22, 2021). In his response to the Court’s order, Mr. Shaffer explained how he had

provided the Court with information and analysis it (1) did not have at the time of

Petersen-Beard, (2) could not have had, i.e. cases, research, and data that have come

out since Petersen-Beard, and (3) did not receive from Mr. Davidson or Mr.

Petersen-Beard. Response to this Court’s Order dated September 22, 2021, State v.

Shaffer, No. 119,738 (Kan. October 6, 2021). He also explained four reasons it would

be error for the Court to affirm his case on the basis of adherence to Davidson and

Petersen-Beard as precedent. Id.

On November 19, 2021, in a 6-page, unpublished opinion, the Court insisted

it had considered all of Mr. Shaffer’s arguments and authorities, yet “summarily

14

affirmed” Mr. Shaffer’s conviction, merely stating: “Simply put, the additional

information presented by Shaffer in his petition for review and his supplemental

brief does not change the answer to the threshold question decided in PetersenBeard and affirmed in Davidson: KORA is not punitive.” Pet. App. 5.

The dissent referred back to the dissents in N.R. and Davidson, also noting:

The majority here summarily dismisses the compelling arguments and

authority offered in Shaffer’s brief and attachments by simply stating it

offers nothing new or the cases relied on miss the mark. Apparently, other

States don’t share my colleagues’ assessment of Shaffer’s data and research

that the majority continues to reject. As I stated in my dissent in Davidson, it

is time for this court to join the ranks of the many other courts that have

rightfully recognized the punitive nature of registration requirements.

Pet. App. 5a.

REASONS FOR GRANTING THE PETITION

A.

Lower courts are divided over whether retroactive application of

modern-day registration requirements violates the Ex Post Facto

Clause.

Mr. Shaffer acknowledges that only one federal court of appeal has

determined that SORNA’s registration requirements cannot be constitutionally

applied to people whose offense pre-dated the requirements, while at least nine

have rejected ex post facto or cruel and unusual punishment claims. Does #1-5 v.

Snyder, 834 F.3d 696 (6th Cir. 2016), cert. denied, __ U.S. __, 138 S. Ct. 558 (2017)

(Michigan’s registry imposes punishment); see also Does v. Wasden, 982 F.3d 784,

792 (9th Cir. 2020) (reversing trial court dismissal of claims that Idaho registry was

punitive and violated ex post facto clause; trial court erred by “finding the outcome

15

of the Smith factors analysis controlled by precedent”); Pet. App. 72a-73a (for cases

rejecting the issue).

But since the passage of SORNA in 2006, at least thirteen state courts of last

resort have held generally that offender registration requirements cannot be

applied retroactively without violating constitutional prohibitions. See Doe v. State,

189 P.3d 999, 1019 (Alaska 2008); People In Int. of T.B., 489 P.3d 752 (Colo. 2021);

Wallace v. State, 905 N.E.2d 371, 384 (Ind. 2009); In Int. of T.H., 913 N.W.2d 578

(Iowa 2018); Commonwealth v. Baker, 295 S.W. 3d 437 (Ky. 2009), State v. Letalien,

985 A.2d 4, 26 (Me. 2009); Doe v. Dep’t of Pub. Safety & Corr. Servs., 62 A.3d 123,

137 (Md. 2013); People v. Betts, __ N.W. 2d __, 2021 WL 3161828 (Mich. 2021); Doe

v. State, 111 A.3d 1077 (N.H. 2015); State in Int. of C.K., 182 A.3d 917 (N.J. 2018);

State v. Williams, 952 N.E.2d 1108, 1113 (Ohio 2011); In re C.P., 967 N.E.2d 729

(Ohio 2012); Starkey v. Oklahoma Dep’t of Corr., 305 P.3d 1004, 1030 (Okla. 2013);

In re J.B., 107 A.3d 1 (Pa. 2014).

The split is widening and will continue to do so as more courts “join the ranks

of the many other courts that have rightfully recognized the punitive nature of

registration requirements.” Pet. App. 5a.

B.

Only this Court can put a stop to what lower courts and legislatures

have been using Smith v. Doe to justify for almost 20 years.

Smith v. Doe and Petersen-Beard are “the current state of the law” in this

country and state, respectively. Pet. App. 36a. This presents “an uphill battle” for

registrants, to say the least. Pet. App. 40a. Time after time, lower courts do not dig

16

into the facts, arguments, data, and research put before them, and instead fall back

on Smith v. Doe.

That is what happened in this case, and Davidson before it. Instead of

digging into the research and arguments, the majority simply affirmed the cases on

the basis of Petersen-Beard, which in turn was decided on the basis of Smith v. Doe,

which was contrary to three other cases decided the same day as Petersen-Beard.

Pet. App. 5a, 24a, 76a-90a. Similarly, in N.R., instead of digging into the new

developments since Petersen-Beard, the Court presumed KORA wasn’t punishment,

as illustrated by putting words like “sentence” and “punishment” in italics. But

emphasizing words does not analysis make. Pet. App. 42a-44a. Without guidance

from this Court, what happened to Mr. Shaffer, Mr. Davidson, and N.R.—and to

people litigating their issues in courts across the country—will continue, “leav[ing]

one at a loss as to what, if any, condition KORA could create that the majority

would consider onerous.” Pet. App. 54a-55a. See also Pet. App. 227a (detailing the

expansion of KORA’s scope and requirements from 1993 to the present).

C.

The decision below is wrong.

1.

By sticking with Petersen-Beard and, therefore, Smith v. Doe, the

Shaffer majority ignores that Smith v. Doe was decided in part based on what we

now know is misinformation about adults who have been convicted of sex offenses.

Pet. App. 101a (for discussion of statistics, including Ira and Tara Ellman’s

“Frightening and High”: The Supreme Court’s Crucial Mistake about Sex Crime

Statistics, 30 Const. Comment 494, 504 [2015]).

17

We have seen other courts acknowledge this; for example, in Does #1-5 v.

Snyder, 834 F.3d 696 (6th Cir. 2016), the Sixth Circuit held Michigan’s version of

SORNA was punitive and could not be retroactively applied. To distinguish the

regulatory scheme at issue in Smith v. Doe, the Snyder court noted that the sex

offender statutes of two decades earlier were far more modest than the 2016

Michigan SORA. Id. at 700. In coming to its conclusion, the Sixth Circuit also relied

on empirical studies not available to earlier courts, which contradicted the

assumption that “[t]he risk of recidivism posed by sex offenders is ‘frightening and

high.;” Id. at 704-05. See also Association for the Treatment of Sexual Abusers,

Registration and Community Notification of Adults Convicted of a Sexual Crime:

Recommendations for Evidence-Based Reform, 2020, Appx. B, “Legal Challenges

and Rulings,” pp. 16-19.

2.

Many proponents of ramping up KORA have claimed it was for public

safety. That rationale appears in Smith v. Doe and Petersen-Beard. See, e.g., Pet.

App. 87a-88a. But there is no definitive evidence that the registration regime does

that. In fact, there is evidence that registration decreases overall public safety. With

the exception of one article added here, all of the information below was presented

to the Court in Mr. Shaffer’s supplemental briefing.

As for SORNA, a 178-page report from February 2020 – titled Information

Sharing and the Role of Sex Offender Registration and Notification, Final Technical

Report (found at https://www.ncjrs.gov/pdffiles1/nij/grants/254680.pdf), does not

conclude that sex offender registration and notification schemes actually improve

18

public safety. The Report cites to “studies [that] have detected modest effects,

suggesting that [sex offender registration and notification systems] may be

associated with reductions in sex crimes under certain conditions [citations

omitted], while others have failed to find significant effects.” Id., p. 23. The report

says studies in 2010 and 2016 “concluded that SORNA’s conviction-based

classification system is ineffective in identifying those at highest risk of reoffending.” Id., p. 26-28.

Another federally-funded, DOJ-published report from 2011 contained even

stronger language, concluding that:

“Despite the fact that our legal responses to sex offenders, primarily sex

offender registration and notification (SORN), are based on assumptions that

those who commit sex crimes have no control over their sexual impulses and

will repeat their crimes again, relatively little research has found support for

such beliefs.”

 “SORN is premised on the idea that by making information public about

identities, and residential locations, of known sex offenders, the public will be

better equipped to avoid situations in which these offenders have possibilities

to reoffend. The research evidence, though, does not support this belief.”

 “There are also significant economic costs associated with [SORN], which

produce little or no increase in public safety.”

 “Further, there is a well-developed body of literature suggesting that sex

offender registration and community notification has numerous costs in the

form of collateral consequences for both sex offenders and their families

[numerous citations omitted]. The importance of recognizing such collateral

consequences is centered on the belief that such potentially deleterious effects

on offenders may in fact contribute to sex offenders failing to register and to

the related potential for recidivism [citation omitted], rather than facilitating

community safety (the expressed purpose of SORN in the first place).”

Final Report on Sex Offenders: Recidivism and Collateral Consequences, September

30, 2011, pp. 1-2 (found at https://www.ncjrs.gov/pdffiles1/nij/grants/238060.pdf).

19

If anything, registration requirements have the opposite effect on public

safety. The 2020 Information Sharing and the Role of Sex Offender Registration and

Notification, Final Technical Report explains many states’ rationale for not

substantially implementing SORNA and concerns expressed by state registry

officials are because the minimum requirements of SORNA have the opposite effect

on public safety:

“[I]mplementing certain SORNA requirements [that are conviction-based

rather than by risk assessment] would adversely affect the public safety

efficacy of their SORN systems by restricting their ability to direct resources

and attention toward those registrants who present more significant threats

to public safety.” Id., p. 10 (see also p. 28-29).

Constrained states’ ability to adjust registry requirements for those

determined to present minimal risk to the community. Id., p. 10.

Expanded the range of individuals subject to lifetime registration, which

constrained states’ ability to put focus on other offenders. Id., p. 10.

“[P]otential adverse public safety impacts related to the inclusion of

adjudicated juveniles …. [S]tates expressed concern the juvenile registration

might compromise the potential for these youth to effectively and safely

integrate into society, thereby increasing rather than mitigating risk. Id., p.

28-29.

Additional evidence that registration actually threatens public safety – for

registrants, their families, victims, and the general public – includes:

“[R]esearch has consistently shown that stable housing, secure employment

and prosocial networks are all associated with lower rates of recidivism and

increased desistence for people with a criminal conviction [citations

omitted]…. Creating unnecessary and ineffective barriers for registrants to

successfully reintegrate into society does not help registrants develop these

identified protective factors or promote desistance.” Association for the

Treatment of Sexual Abusers, Registration and Community Notification of

Adults Convicted of a Sexual Crime: Recommendations for Evidence-Based

Reform, 2020, Appx. A, p. 15 (found at https://www.atsa.com/policypapers/adultsorn).

20

Registration and notification are ineffective at preventing sexual abuse – one

study showed that “approximately 95% of prosecuted sexual crimes were

committed by men never previously convicted of a sexual offense (i.e., men

who would not have been on the registry).” Id., p. 10. See also Ira Ellman,

When Animus Matters and Sex Crime Underreporting Does Not: The

Problematic Sex Offender Registry, 7 U. Pa. J. L. & Pub. Affs. 1, 19 (2021)

(“One can’t have much impact on the overall incidence of sexual offenses by

concentrating efforts on a group that accounts for less than 5% of them”).

“In a review of eight individual surveys on [sex offender registration and

notification’s] impact on sexual offenders subject to it, Lasher and McGrath

(2012) found that 8 percent of sex offenders reported physical assault or

injury, 14 percent reported property damage, 20 percent reported being

threatened or harassed, 30 percent reported job loss, 19 percent reported loss

of housing, 16 percent reported a family member or roommate being harassed

or assaulted, and 40 to 60 percent reported negative psychological

consequences.” Christopher Lobanov-Rostovsky, Sex Offender Management

Assessment and Planning Initiative Research Brief, Adult Sex Offender

Management, July 2015, p. 3.

It may discourage reporting by victims for fear that “increased access to [the]

information created by registration and notification laws makes it more likely

that victims will be widely identified in their communities.” Elizabeth Reiner

Platt, Gangster to Greyhounds: The Past, Present, and Future of Offender

Registration, 37 N.Y.U. Rev. of L. and Soc. Change, 727, 766 (2013).

As for KORA specifically, Mr. Shaffer knows of no research, reports, etc. on

whether it is effective at public safety using any metric. All of this evidence (or lack

thereof) points to a different outcome for KORA than ASORA in 2003, but the Court

continues to follow Smith v. Doe.

3.

Smith v. Doe instructs us to look at the entire statutory scheme to

examine it for punitive effects. 123 S. Ct. at 1140. Mr. Shaffer respectfully contends

that in Petersen-Beard, Davidson, and his case, the Court did not dive down to see

how the scheme really operates. Instead, the Court “shrug[ged] its shoulders” at

21

what many registrants are required to do, and what can happen to them if they do

not comply. Pet. App. 54a.

But we must consider how KORA plays out day to day. There are so many

things we could look at (as shown in Doe v. Thompson and Pet. App. 227a), but to

pick just one, consider how violations are handled. As seen in this case, if a

registrant fails to timely comply with any duties under KORA, even

unintentionally, they can be charged with a felony. Kan. Stat. Ann. § 22-4903. It

was not always this way, though. From 1993 to mid-1999, failure to register was a

nonperson misdemeanor. (In Kansas, most crimes are designated person or

nonperson, which has a number of impacts, particularly in creating a person’s

criminal history score in a future case. See Kan. Stat. Ann. § 21-6809.) In 1999, the

Legislature increased the penalty to the lowest-level nonperson felony. It remained

that way until 2006, when the Legislature doubled the penalty for noncompliance

and elevated it to a person felony. 2006 Kan. Sess. Laws, ch. 212.

As of July 1, 2011, KORA noncompliance is a mid-level felony (akin to arson

or involuntary manslaughter, for example) for a first or second offense, and a high

level felony (akin to aggravated robbery, for example) for a third or subsequent

offense or a violation that lasts over 180 consecutive days. Kan. Stat. Ann. § 224903. In 2013, the Legislature created a new crime: unless a registrant has received

a court-issued waiver of payment (for which there is no statutory process after the

original finding of indigency), it is a Class A misdemeanor (the highest category) if a

registrant does not pay the $20 registration fee that is owed when a registrant goes

22

in for the quarterly registrations. It is a low-level felony if two or more $20

payments have not been paid. 2013 Kan. Sess. Laws, ch. 127.

A special sentencing rule makes all noncompliance violations carry a

presumptive prison sentence. Kan. Stat. Ann. § 21-6804(m). Failing to comply is a

strict liability offense; the only other strict liability crime specifically designated by

Kansas statute is driving under the influence. Kan. Stat. Ann. § 21-5202; Kan. Stat.

Ann. § 21-5203. It is normal to have a registrant who is facing more time for

noncompliance than what they faced for the offense for which they register.

All of this shows how KORA is punitive in effect. What’s more, here are some

real-life examples where people were prosecuted for violating KORA:

You forgot to register on time, get there two weeks (or less) late, and none of

your information has changed since your previous registration. What’s more,

they turn you away and tell you to come back another day to update your

information because they don’t take registrations on Mondays.

Your apartment burned down, which law enforcement knows, but you failed

to go tell them within three business days that you had to move.

You work in a county that is different from where you live and you failed to

register in that other county (but are compliant - and therefore all of your

information is on a public website - in your home county).

You are homeless and do not report as frequently as law enforcement tells

you to (which can be more than quarterly, because you are homeless).

You buy a new jet ski and forget to include it on your registration form.

You register while in jail and get out the next day. This happens during your

registration month. You don’t go in to register again during that month.

You permanently move away from Kansas to a state that does not require

you to register. You let the sheriff’s office know, but don’t write the KBI.

23

The conviction for which you register, which occurred years ago, involved the

person who is still your adult girlfriend.

The sheriff department calls you to say you are late on your registration that

month. You promptly go down there to fill out your paperwork, which makes

you compliant, after which they arrest you and charge you with a violation.

Again, KORA is punitive in effect. These scenarios do not make the public safer.

Furthermore, in this so-called “civil regulatory scheme,” people do not

experience civil consequences. For example, they are not fined if they violate. They

don’t lose their license to do business. Instead, they are charged with a felony

against the state, and risk losing their liberty. In 2018, 325 people were convicted of

KORA violations, with 116 of them going to prison. Report of the Judicial Council

Advisory Committee on Sex Offenses and Registration, December 11, 2020, p. 21. In

2019, 442 people were in Kansas prisons serving time for KORA registration

violations. Id. From about 2015-2020, the number of convictions for registration

violations increased by almost 65%. Id.

In FY 2019, 327 people were convicted: 123 went to prison and 204 went on

probation. The average length of stay in prison was 19 months. Prison Bed Impact

Assessment on 2020 HB 2475, Kansas Sentencing Commission, January 30, 2020.

In In FY 2021, 275 people were convicted (during a pandemic): 91 went to prison,

and the average sentence length was 28 months. Prison Bed Impact Assessment on

2022 HB 2515, Kansas Sentencing Commission, February 3, 2022.

How KORA noncompliance is handled and the penalties for it are a clear

indicator that KORA is punishment in effect.

24

D.

Now is the time for this Court to consider this important and

recurring issue, and this case is an ideal vehicle to do so.

Mr. Shaffer’s case is illustrative of an ongoing, national, constitutionally

significant problem. This Court’s review is the only way Mr. Shaffer and thousands

of other people in Kansas (not to mention other states and jurisdictions) have any

chance to receive consideration of the issues they present that are driven by

research, data, and lived experience.

The Petersen-Beard majority identified the “real question” in 2016 as “[a]re

there convincing reasons to believe the United States Supreme Court would view

KORA differently than it viewed the Alaska law in 2003 when it decided Smith?”

Pet. App. 76a. Mr. Shaffer presented reasons to the Court why the answer is yes. In

response, the Court summarily affirmed his case. Mr. Shaffer has presented reasons

why now is the time for this Court to answer that question with yes. To borrow

words from the Petersen-Beard dissent, “[we] [are clinging] to the belief that the

persons who have been privileged to serve on our nation’s highest Court will yield to

the facts and give a closer look at whether our statutory scheme is rationally

connected to the nonpunitive purpose of public safety and whether its terms and

conditions are excessive in relation to that public safety purpose.” Pet. App. 103a.

CONCLUSION

The petition for writ of certiorari should be granted.

25

Respectfully submitted,

/s/ Jennifer C. Roth

JENNIFER C. ROTH

COUNSEL OF RECORD

RANDALL L. HODGKINSON

KANSAS APPELLATE DEFENDER OFFICE

700 S.W. Jackson Street, Suite 900

Topeka, Kansas 66603

(785) 296-5484

jroth@sbids.org

Counsel for Petitioner

26

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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