State v. Hollister

The opinion of the court was delivered by

Per Curiam,-.

Roger W. Hollister was convicted by a jury of capital murder under K.S.A. 21-3439(a)(2) for the intentional and premeditated killing of Patricia Kimmi, pursuant to a contract or agreement to kill her. Hollister filed this direct appeal, but he passed away before oral arguments were conducted. His death raises the question of whether his appeal is moot.

In Kansas, the death of a criminal defendant does not automatically abate a defendant’s appeal. We hold, however, that this non-abatement rule does not require us to consider all issues in an…