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STATE v. BURNETT

No. 100,854.

270 P.3d 1115 (2012)

293 Kan. 840

STATE of Kansas, Appellee, v. Theodore G. BURNETT, Appellant.

Supreme Court of Kansas.

February 10, 2012.

Attorney(s) appearing for the Case

Sarah Ellen Johnson , of Capital Appellate Defender Office, argued the cause and was on the brief for appellant.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by MORITZ, J.:

A jury convicted Theodore Burnett of capital murder and aggravated kidnapping for his role in the kidnapping and murder of C.B., a pregnant, 14-year-old girl. After the jury was unable to reach a unanimous verdict in the penalty phase of the trial regarding imposition of the death penalty, the sentencing court imposed a life sentence with no possibility of parole on the capital murder conviction. Further, the court...

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