Signed by Governor Sam Brownback

Vote Smart's Synopsis:

Vote to pass a bill that establishes time limits on documents and procedures in the death penalty appeals process.

Highlights:

• Specifies that upon notice of appeal of a death sentence is filed, the execution shall be stayed until the appellate proceedings are concluded (Sec. 1).

• Requires a death penalty appeal to be given precedence over all other appeals (Sec. 1).

• Requires the district court to compile the record on appeal within 30 days after notice from the appellate courts that the appeal has been docketed (Sec. 1).

• Requires a transcript of all court proceedings to be completed within 90 days after service of the request for transcript (Sec. 1).

• Requires the appellant’s brief to be filed no later than 120 days after service of the filing of the transcript (Sec. 1).

• Requires the appellee’s brief to be filed no later than 120 days after service of the appellant’s brief (Sec. 1).

• Requires a reply brief, if any, to be filed no later than 60 days after service of the brief to which the reply is made (Sec. 1).

• Prohibits the length of briefs from exceeding the following (Sec. 1):
• 100 pages for an appellant’s brief;
• 100 pages for an appellee’s brief; and
• 30 pages for a reply brief.

• Prohibits extensions of time to file primary briefs from being granted, except for “exceptional” circumstances and not to exceed 90 days (Sec. 1).

• Prohibits any request for additional time that will cause the brief filing to extend beyond 270 days from being granted, unless counsel explains before the full Kansas Supreme Court “unique and extraordinary” circumstances justifying additional time (Sec. 1).

• Requires the Kansas Supreme Court to hear oral arguments in death penalty appeals no later than 6 months after the filing of the appellant’s final reply brief of the appellant, and requires the Court to issue a written decision no later than 6 months after oral arguments (Sec. 1).

Full Bill Text