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Posted: 11:31 AM Nov 20, 2009
Supreme Court Affirms Murderer's Hard 50, Reverses Additional Sentence
In an opinion filed by the Kansas Supreme Court Friday, the Court affirmed Benjamin Appleby's capital murder conviction, but reversed a related attempted rape conviction.
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TOPEKA, Kansas - The man who killed a K-State student more than seven years ago had part of his sentence reversed Friday.
The Kansas Supreme Court did, however, affirm Benjamin Appleby's capital murder conviction and resulting hard 50 sentence. An additional 19 year sentence that was to be served after the 50 years for an attempted rape charge, was reversed, the court said, because the charge merged with the murder count. The Court filed that opinion Friday: Appeal No. 98.017: State v. Benjamin A. Appleby
Appleby was convicted of killing 19 year old Ali Kemp in June 2002. She was found beaten and strangled in the pumproom of a Leawood pool in an apartment complex.
In January of 2009, Appleby appealed, saying he was denied a fair trial.
