Gannon v. State

I generally agree with tire majority’s holdings except for its refusal to affirm and enforce the district court panel’s remedy. The panel did exactly what we instructed it to do. The remedy it fashioned was timely, not “premature.” Consequently, this court should not have issued a stay on June 30, 2015, and we should not refuse to enforce the panel’s orders now.

This case required a panel of three district court judges—either active or retired—because of the enactment of K.S.A. 72-64b03 in 2005. L. 2005, ch. 194, sec. 22. The provision is specifically and solely applicable when “a petition is…