James H. Hogan v. Review Board Indiana

Defendant Anthony Conley appeals his jury conviction for first-degree premeditated murder. K.S.A. 21-3401(a). He received a hard 40 sentence under K.S.A. 21-4638. Conley contends that the district court erred: (1) by declaring a witness unavailable in violation of his confrontation and due process rights, (2) in refusing to give an instruction on informant testimony, (3) by allowing the States peremptory challenges during voir dire, and (4) by imposing a hard 40 sentence. Finally, although the issue was not raised in the district court, we address Conleys contention that his hard 40 sentence is unconstitutional. Conley claims his sentence violates the Due Process Clause of the United States Constitution. He also claims his sentence violates his right to trial by jury under the 6th Amendment to the United States Constitution and § 5 of the Kansas Constitution Bill of Rights.