Haney v. Hamilton

Handy, J.:

The State of Kansas has appealed the trial court’s decision reversing the Kansas Parole Board (the Board) and directing that Kenneth Haney be placed on parole. The facts surrounding Haney’s conviction on two Class B felonies for second-degree murder, K.S.A. 21-3402, his concurrent ten years to life sentences, and his initial parole board hearing are essentially not in dispute.

The thrust of this case on appeal began with the Board’s later review of Haney’s eligibility for parole in June 1987. The Board, subsequent to a hearing, voted two-to-one (Board member Joan Hamilton dissenting)…