Kansas court's approval of death sentence not seen as shift
National News
Even though the state Supreme Court recently upheld a death sentence for the first time under the state’s 1994 capital punishment law, Kansas isn’t likely to see executions anytime soon or a shift in how the justices handle capital murder cases.
“Symbolically, there is something different,” said Robert Dunham, head of the anti-capital punishment, nonprofit Death Penalty Information Center. “But I wouldn’t read too much into it.”
Several prosecutors are encouraged by this month’s decision in the case of John E. Robinson Sr. — who was sentenced to die for killing two women in 1999 and 2000 and tied by evidence or his own admission to six other deaths, including a teenage girl, in Kansas and Missouri — saying it showed it is possible to preserve a death sentence on appeal in Kansas.
Two Kansas law professors said the 415-page decision in John E. Robinson’s case issued earlier this month suggests the Supreme Court’s examination of future capital cases will remain as thorough as it has been.
The high court’s past decisions overturning death sentences inspired a campaign that almost succeeded in ousting two justices in last year’s elections and handed republican Gov. Sam Brownback a potent issue in the final weeks of his race for re-election. And there are more capital cases before the justices.
Only four days after the Robinson decision, Frazier Glenn Miller Jr., an avowed anti-Semite, was sentenced to death for the fatal shootings of three people at Jewish sites in the Kansas City suburbs.
Related listings
-
Ruling gives Sandusky back $4,900-a-month Penn State pension
National News 11/15/2015The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday. A ...
-
Kansas Supreme Court to take up school funding case
National News 11/05/2015A case that has the potential to increase funding for Kansas schools goes before the state Supreme Court today, the same day that economists, legislative researchers and officials in Gov. Sam Brownback’s administration are expected to announce new, m...
-
Federal court programs aim to keep defendants out of prison
National News 10/19/2015Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison....
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.