STATE v. CARR

No. 90,198.

502 P.3d 511 (2022)

STATE of Kansas, Appellee, v. Jonathan D. CARR, Appellant.

Supreme Court of Kansas.

Opinion on remand filed January 21, 2022.


Attorney(s) appearing for the Case

Clayton J. Perkins , of Capital Appellate Defender Office, and Sarah Ellen Johnson , of the same office, argued the cause, and Meryl Carver-Allmond , of the same office, was with them on the briefs for appellant.

David Lowden , special appointed prosecutor, Wichita, KS, argued the cause, and Marc Bennett , district attorney, Wichita, KS, and Derek Schmidt , attorney general, Topeka, KS, were with him on the briefs for appellee.

Alice Craig , of Lawrence, Lawrence, KS, was on the brief for amicus curiae Midwest Innocence Project joined by Witness to Innocence and Floyd Bledsoe.

Sharon Brett , of ACLU Foundation of Kansas, of Overland Park, and Cassandra Stubbs , pro hac vice, and Brian W. Stull , pro hac vice, of American Civil Liberties Union Foundation, of Durham, North Carolina, were on the brief for amici curiae Concerned Conservatives About the Death Penalty, Kansas Coalition Against the Death Penalty, Dalton Glasscock, Steve Becker, Al Terwelp, Bob Weeks, Carolyn Zimmerman, Celeste Dixon, Bill Lucero, Msgr. Stuart Swetland, Catholic Mobilizing Network, Dominican Sisters and Associates of Peace of the Roman Catholic Church, Mount St. Scholastica, Sisters of Charity of Leavenworth Office of Justice, Peace, and Integrity of Creation, Sister Christina Meyer, Bishop Ruben Saenz Jr., Robert Sanders, Michael Birzer, and the American Civil Liberties Union and ACLU of Kansas.

Elizabeth Cateforis , Clinical Professor of Law, University of Kansas School of Law, of Lawrence, and Alexis J. Hoag , Lecturer and Associate Research Scholar, pro hac vice, Columbia Law School, of New York, New York, were on the brief for amici curiae of the group of law professors and scholars.

Rebecca E. Woodman , of Kansas City, Missouri, Topeka, KS, and Jin Hee Lee , pro hac vice, of NAACP Legal Defense and Education Fund, Inc., of New York, New York, and Natasha C. Merle , pro hac vice, and Steven Lance , pro hac vice, of the same office, were on the brief for amici curiae NAACP Legal Defense and Educational Fund, Inc.


We affirm Jonathan D. Carr's death sentence, concluding he is not entitled to relief on the penalty-phase issues before us on remand from the United States Supreme Court. See Kansas v. Carr, 577 U.S. 108, 136 S.Ct. 633, 193 L. Ed. 2d 535 (2016) (Carr...

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