Legal Opinion

State v. Spain

Supreme Court of Kansas

Decided April 21, 2000No. 81,438PublishedCited by 23 opinions

1Opinion of the Court

The opinion of the court was delivered by

Allegrucci, J.:

In State v. Spain, 263 Kan. 708, 953 P.2d 1004 (1998), this court vacated David Spam’s sentence and remanded for resentencing. On remand, the district court reimposed a hard 40 sentence. Spain appeals his sentence.

This is the second time Spain has appealed his sentence to this court. In the first appeal, we stated:

“These essential facts are not in dispute: On March 17,1995, David Spain and two other inmates escaped from the Haskell County Jail after Spain shot the dispatcher, Irvin Powell. Spain fired one shot from behind, which struck…

2Cases cited14 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Woodson v. North CarolinaSupreme Court of the United States · 1976
  3. Rummel v. EstelleSupreme Court of the United States · 1980
  4. Proffitt v. FloridaSupreme Court of the United States · 1976
  5. Godfrey v. GeorgiaSupreme Court of the United States · 1980

9 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. KleypasSupreme Court of Kansas · 2001
  2. State v. ConleySupreme Court of Kansas · 2000
  3. State v. ScottSupreme Court of Kansas · 2008
  4. State v. Petersen-BeardSupreme Court of Kansas · 2016
  5. State v. VergeSupreme Court of Kansas · 2001

18 more not listed; retrieve them via the Exa API.

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