State v. Hirschberg

Defendant pleaded guilty to one count of possession with intent to sell, deliver, or distribute methamphetamine. Before Defendant entered his plea, the legislature amended the Kansas Offender Registration Act (KORA), raising the time Defendant was required to register as a drug offender from ten years to fifteen years. The district court imposed a fifteen-year registration period, finding that the amendments applied retroactively. The court of appeals affirmed. Defendant appealed, arguing that retroactively applying the amendments to him violated the Ex Post Facto Clause. The Supreme Court affirmed, holding that Defendant was unable to satisfy the “clearest proof” standard because the record had not been sufficiently developed. View "State v. Hirschberg" on Justia Law