• Home
  • The Kansas Supreme Court issued the following published decisions February 8, 2021

The Kansas Supreme Court issued the following published decisions February 8, 2021

08 Feb 2021 9:04 AM | Amanda Kohlman (Administrator)

Appeal No. 117,081: State of Kansas v. Amy Stoll

Summary calendar; no oral argument

Stoll was convicted in Reno County District Court for failing to register under the Kansas Offender Registration Act when she neglected to report her new address within three days of moving. Stoll argued she was not guilty because she had substantially complied with the registration requirements by correctly registering for seven years and registering her new address only a few weeks late. In a per curium opinion, the Kansas Supreme Court affirmed the conviction, holding registration requires strict compliance. The Supreme Court was not persuaded by Stoll's arguments the unavailability of a substantial compliance defense and the strict liability nature of the offense violated her due process rights. Stoll argued there was insufficient evidence to support her conviction because she had erroneously been ordered to register at the time of her original crime. The court rejected this argument because, by the time Stoll failed to register, the Legislature had added Stoll's crime to the list of those requiring registration and indicated the requirement applied retroactively. The Supreme Court held retroactive application did not violate the ex post facto clause because registration requirements are not punitive. Justice Eric Rosen dissented. He considered the registration requirements punitive and, consequently, their retroactive application to Stoll a violation of the ex post facto clause. He would have held there was insufficient evidence to support the conviction because Stoll was under no duty to register.


Appeal No. 120,946: State of Kansas v. Robert Willard Colson

Archived oral argument video

The Kansas Supreme Court affirmed an Ottawa County District Court decision after Colson appealed his convictions for felony murder, intentional second-degree murder, felony theft of a firearm, felony theft of a vehicle, and burglary. Colson challenged the sufficiency of the evidence supporting his convictions and the district court's denial of his request for a lesser included instruction on voluntary manslaughter. The Supreme Court unanimously concluded sufficient evidence existed to support a finding that: 1) Colson was present inside his victim's residence; 2) the jury was not required to stack inferences in order to convict Colson; 3) sufficient evidence existed to support a finding Colson killed his victim either while in flight from the theft of the victim's handgun or as part of the res gestae of the theft; and 4) no evidence was presented of legally sufficient provocation, rendering a lesser included instruction on voluntary manslaughter factually inappropriate.


Appeal No. 121,534: State of Kansas v. Darrell Lamont Farmer

Summary calendar; no oral argument 

The Kansas Supreme Court affirmed Montgomery County District Court's resentencing of Farmer, who was originally sentenced for felony murder and several other offenses in 2003. After Farmer filed two motions to correct an illegal sentence, the district court resentenced him in 2018. Farmer appealed, arguing the district court erred by denying his motion for a departure sentence and by failing to notify him of his duty to register under the Kansas Offender Registration Act. The Supreme Court found it had jurisdiction to hear Farmer's appeal of the denial of his departure motion as it related to his sentence for felony murder only but that the district court did not err because it did not have discretion to depart from a life sentence for felony murder. The Supreme Court also declined to address Farmer's argument the district court erred by failing to notify him of his duty to register under the Kansas Offender Registration Act because he did not properly preserve the issue for appeal.



Powered by Wild Apricot Membership Software