(Download) "State v. Scales" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Scales
- Author : Supreme Court of Kansas
- Release Date : January 07, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by This case arises from the January 29, 1995, homicide of Kevin Covington in Reno County. The question we must decide on grant of review is whether the defendant was denied a fair sentencing hearing because of the court's ex parte meeting with the family of the homicide victim and because of the court's ex parte consideration of a petition requesting the imposition of a harsh punishment. We conclude that the defendant was denied a fair sentencing hearing; therefore, we vacate the sentences and remand for sentencing before a different judge. The defendant pled guilty to voluntary manslaughter, K.S.A. 21-3403, and criminal possession of a firearm, K.S.A. 21-4204. Because of the defendant's plea, the record contains very little concerning the incident giving rise to the charges. The record does indicate that the victim was a popular young athlete from a town in Florida. People in that town were shaken by the victim's death and attempted to make their views known to the sentencing court. Moreover, the family of the victim was critical of the prosecutor's office for entering into what it considered to be a lenient plea agreement with the defendant.
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