AG Derek Schmidt: U.S. Supreme Court turns away Carr brothers’ appeal


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TOPEKA – (January 9, 2023) – The U.S. Supreme Court this morning declined to hear appeals from two men convicted of capital murder for killing four people in Wichita in 2000, Kansas Attorney General Derek Schmidt said.

The court declined to hear appeals from Jonathan and Reginald Carr, who were convicted of capital murder in relation to the crimes and sentenced to death. Today’s action means the two defendants have exhausted their direct appeals and their convictions and death sentences are considered final, although they still have the ability to file additional lawsuits in state or federal court seeking to prevent their executions, and it is expected they will do so.

This is the second time the U.S. Supreme Court has considered these cases. In 2016, the Court decided an appeal from Kansas Attorney General Derek Schmidt asking it to reinstate the defendants’ death sentences after the Kansas Supreme Court had overturned them. The U.S. Supreme Court reversed the Kansas court’s ruling, and in 2022 the Kansas Supreme Court then rejected additional challenges to the convictions and death sentences.

“The slow but steady march toward justice continues,” Schmidt said.

A total of nine people currently are under sentence of death in Kansas. Including today’s decisions, seven of those have exhausted their direct appeals, meaning their convictions and sentences are affirmed and they are now in various stages of collateral litigation. Those who have exhausted their direct appeals, in addition to the Carr bothers, are Gary Kleypas, John Robinson, Sydney Gleason, Scott Cheever, and James Kraig Kahler. The two whose cases are still on direct appeal are Justin Thurber and Kyle Flack.

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Derek Nester
Derek Nesterhttps://sunflowerstateradio.com
Derek Nester was born and raised in Blue Rapids and graduated from Valley Heights High School in 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications. In 2002 Derek joined Taylor Communications, Inc. in Salina, Kansas working in digital media for 550 AM KFRM and 100.9 FM KCLY. Following that stop, he joined Dierking Communications, Inc. stations KNDY AM & FM as a board operator and fill-in sports play-by-play announcer. Starting in 2005 Derek joined the Kansas City Chiefs Radio Network as a Studio Coordinator at 101 The Fox in Kansas City, a role he would serve for 15 years culminating in the Super Bowl LIV Championship game broadcast. In 2020 he moved to Audacy, formerly known as Entercom Communications, Inc. and 106.5 The Wolf and 610 Sports Radio, the new flagship stations of the Kansas City Chiefs Radio Network, the largest radio network in the NFL. Through all of this, Derek continues to serve as the Digital Media Director for Sunflower State Radio, the digital and social media operations of Dierking Communications, Inc. and the 6 radio stations it owns and operates across Kansas.

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