A U-S Supreme Court ruling Monday could have far reaching effects for cases in Kansas involving the “Hard 50” sentence.
The court ruled that the “Hard 50” cannot be handed down by a District Judge, it must be submitted to a jury for consideration and only they can find that a defendant should receive the “Hard 50,” based on the aggravating factors and facts presented by the prosecution.
The problem is that Kansas law doesn’t include a procedure for putting theses decisions before a jury, which means legislators would have to change the law in regard to the upward departure statute. It currently leaves that discretion with District Judges.
The high court ruled in Alleyne vs United States ruled that any fact that any increases in the mandatory minimum sentence is an “element” that must be submitted to the jury.
Reno County District Attorney Keith Schroeder telling us Wednesday that his office is still studying the decision and how it could effect cases in Reno County. That would include not only cases pending, but those on direct appeal.
An example would be the sentence of Charles Christopher Logsdon who was convicted for the murder of Jennifer Heckel. Judge Trish Rose sentenced him to a “Hard 50” on the murder conviction itself, plus additional time for the other convictions, making the total sentence of roughly 73-years. His case is currently on direct appeal. It’s possible that it could be knocked down to 25-years to life with the additional time for the other convictions coming to around 48-years in prison.
This could also change the way the state prosecutes Billy Craig Jr., a co-defendant in the Heckel murder. His case is still pending and if convicted, the state planned to seek a “Hard 50” sentence against him as well.
But, the one that really could be effected is in Kingman County where the state intends to seek the “Hard 50” against Bret Seacat. His sentencing is set for August 5, but it’s doubtful that the legislature will have the law changed in time for his sentencing. So what the state will do at sentencing is unclear.
The former law enforcement instructor was convicted of killing his wife.
These are just a few examples of cases in this area, and there are certainly more across the state that could be effected.