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State v. Soto

Citations

  • 299 Kan. 102
  • 322 P.3d 334
  • 2014 Kan. LEXIS 124

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding hard 50 sentencing scheme permitting a judge-rather than a jury-to find aggravating circumstances necessary to impose an increased mandatory minimum sentence violates right to a jury trial under Alleyne
  • deferring decision on whether harmlessness analysis applies because, on facts of case, error could not meet the test
  • when a party claims an otherwise relevant photograph should have been excluded as unduly prejudicial, appellate courts review for an abuse of discretion
  • the appellate courts presume statutes are constitutional and must resolve all doubts in favor of a statute’s validity
  • “Consequently, the sole reason we are vacating Soto’s sentence is because it was imposed in violation of his Sixth Amendment right to a jury trial, as interpreted in Alley ne.”
  • K.S.A. 21-4635 violates Sixth Amendment because it permits judge to find by preponderance of the evidence existence of aggravating factor necessaxy to impose increased mandatory minimum sentence, rather than requiring a jury to make that finding beyond a reasonable doubt

Source: CourtListener parenthetical corpus (CC0).

Judges: Moritz

Read full opinion on CourtListener

Cited by

77 cases in this archive cite this case; the 20 most cited are listed.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Soto

109 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.