Latest 3 Cases: State v. Thomas (Civil Rights), State v. Espinoza (Constitutional Law), State v. Collins (Criminal Law)

Rethinking Retroactivity in Light of the Supreme Court’s Jury Unanimity Requirement

MICHAEL C. DORF

In light of the U.S. Supreme Court’s decision Monday in Ramos v. Louisiana, in which it held that the federal Constitution forbids states from convicting defendants except by a unanimous jury, Cornell law professor Michael C. Dorf discusses the Court’s jurisprudence on retroactivity. Dorf highlights some costs and benefits of retroactivity and argues that the Court’s refusal to issue advisory opinions limits its ability to resolve retroactivity questions in a way that responds to all the relevant considerations.

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State v. Thomas

Docket: 116111

Opinion Date: April 24, 2020

Judge: Dan Biles

Areas of Law: Civil Rights, Criminal Law

The Supreme Court affirmed the decision of the court of appeals reversing the decision of the district court granting Defendant's pretrial motion to dismiss his charge of first-degree murder based on self-defense immunity, holding that the district court failed to make adequate findings of fact and conclusions of law on the record. The State charged Defendant with first-degree premeditated murder. Defendant moved to dismiss based on self-defense immunity. After a hearing, the district court dismissed the complaint, holding that the State did not meet its burden to show probable cause that self-defense immunity did not apply. The district court made no distinct factual findings. The court of appeals panel reversed and remanded for a rehearing. The Supreme Court affirmed, holding that under the circumstances of this case, the court of appeals' ruling was appropriate.

State v. Espinoza

Docket: 118737

Opinion Date: April 24, 2020

Judge: Stegall

Areas of Law: Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the district court denying Defendant's challenge to the constitutionality of his sentence, holding that because Defendant did not object to the district court's failure to make factual findings at sentencing and he did not file a motion under Kansas Supreme Court Rule 165, Defendant's as-applied challenge to the constitutionality of his sentence was not amenable to appellate review. Defendant pleaded guilty to first-degree felony murder, an off-grid person felony mandating a hard twenty-five sentence. Before sentencing, Defendant argued that his hard twenty-five sentence was unconstitutional as applied to the facts of his case under section 9 of the Kansas Constitution Bill of Rights. The district court found the sentence constitutional. The Supreme Court affirmed, holding that because Defendant failed to meet his obligation to ensure the district court made the factual findings necessary for appellate review, Defendant failed to preserve his as-applied constitutional challenge for appellate review.

State v. Collins

Docket: 117743

Opinion Date: April 24, 2020

Judge: Dan Biles

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the district court dismissing the second-degree murder and aggravated battery charges against Defendant on the grounds that Defendant had reasonable grounds to believe he was in danger of great bodily harm, holding that Defendant was not entitled to immunity from prosecution under Kan. Stat. Ann. 21-5231. A court of appeals panel reversed the decision of the district court concluding that Defendant was entitled to statutory self-defense immunity, holding that the facts as found by the district court did not support a grant of immunity. The Supreme Court affirmed, holding that, on the facts as found by the district court, there was probable cause to believe Defendant's use of force was not statutorily justified.