Legal Opinion

State v. Raschke

Supreme Court of Kansas

Decided October 30, 2009No. 98,861PublishedCited by 47 opinions

1Opinion of the Court

The opinion of the court was delivered by

Beier, J.:

This appeal by defendant Darren L. Raschke addresses whether a sentencing court must consider on the record the financial resources of a defendant and the nature of the burden that payment of a minimum fine would impose before setting the fine.

Raschke also challenges his 19-month prison sentence as unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), because it was based in part on criminal history not proved beyond a reasonable doubt to a jury. We reject this claim as controlled by our…

2Cases cited60 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. State v. IvorySupreme Court of Kansas · 2002
  3. State v. KingSupreme Court of Kansas · 2009
  4. In re K.M.H.Supreme Court of Kansas · 2007
  5. Brown v. Wichita State UniversitySupreme Court of Kansas · 1976

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

3Cited by47 opinions

  1. Gannon v. StateSupreme Court of Kansas · 2014
  2. State v. UrbanSupreme Court of Kansas · 2010
  3. State v. DukesSupreme Court of Kansas · 2010
  4. State v. AlvarezSupreme Court of Kansas · 2019
  5. State v. PrineSupreme Court of Kansas · 2013

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

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