Beem v. State of Kansas

I. Introduction

The resolution of these cases turns on whether the Kansas courts affirmed appellants’ convictions based on separate crimes from those for which they were charged, tried, and convicted, or whether the courts affirmed their convictions based on the *1115same crimes. If the courts affirmed the convictions based on separate crimes, then they violated appellants’ rights to due process and a jury trial. If they affirmed based on the same crimes, however, the appellants have no federal constitutional claim. According to the majority’s characterization, the Kansas courts sentenced the…