54 results for 'court:"Kansas Supreme Court"'.
Per curiam, the Kansas Supreme Court finds a lower court properly disciplined an attorney for violating the state's rules of professional conduct, which resulted in a suspension to practice law. The attorney argued that he was stressed out over his obligations to maintain his practice and administrative duties. However, his client, who faced criminal threats and battery toward a law enforcement officer and domestic violence, presented sufficient evidence in court that he withheld submitting a plea agreement on his behalf in order to collect his fees ahead of time.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: 126270, Categories: Attorney Discipline
J. Wall finds a lower court properly sentenced a defendant to life imprisonment without possibility of parole for 25 years following the shooting death of a 12-year-old boy who sold him a BB gun and not Glock pistol. The defendant argued that he was denied a fair trial when the State interviewed prospective jurors and asked them if they would do their "job" in court, unfairly suggested that he was not thinking about his daughter while committing a violent crime, and then erred in certifying him as an adult. However, the State presented sufficient evidence in court that the defendant submitted three versions of the incident, falsely claiming that he took the rap for the actual killer because he was "freaked out," and then attempted to reframe an evidentiary challenge as a prosecutorial error. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 3, 2024, Case #: 125430, Categories: Evidence, Firearms, Murder
J. Luckert finds a lower court properly dismissed a defendant's wrongful conviction claims against the state. The defendant, who was sentenced to time served for the shooting death of another person, argued that he is entitled to compensation for a conviction and prison term for involuntary manslaughter. However, the state presented sufficient evidence in court that he is not entitled to monetary relief for his own conduct and conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 26, 2024, Case #: 126062, Categories: Firearms, Sentencing, Manslaughter
J. Standridge finds a lower court properly convicted and sentenced a defendant for first- degree felony murder, aggravated kidnapping, and aggravated battery. The defendant, who serves a hard 25 life sentence and consecutive 13 months in prison, argued that the lower court erred in allowing the State to submit alternative means of aggravated kidnapping, and that evidence of was insufficient to support his conviction. However, the State presented sufficient evidence in court that "taking or confining" does not support alternative means of kidnapping or aggravated kidnapping. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: April 26, 2024, Case #: 125685, Categories: Murder, Sentencing, Kidnapping
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J. Luckert finds that the lower court improperly held that defendant, a convicted felon, did not possess an actual "dagger" when he was picked up by a police officer while resting on the side of a dirt road because the state presented sufficient evidence that the weapon was a dagger based on the length of its blade and sharp edge. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 5, 2024, Case #: 124878, Categories: Evidence, Weapons
J. Wall finds a lower court properly convicted a defendant on charges of possession of meth and possession of a controlled substance missing a drug-tax stamp. The defendant argued that the charges violated double jeopardy. However, the state presented sufficient evidence in court that the charges are two separate offenses. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 15, 2024, Case #: 124607, Categories: Drug Offender, Double Jeopardy
J. Wall finds a lower court properly sentenced a defendant to life in prison after he acted as an accomplice in the shooting of a 16-year-old driver in a car chase. The defendant argued that he is entitled to a new trial after the lower court allowed body cam evidence that captured his victim's dying moments. However, the government presented sufficient evidence in court that the footage was admissible based on the value of what it captured. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 15, 2024, Case #: 125637, Categories: Evidence, Fair Trial, Murder
J. Stegall finds a lower court properly convicted the wife of a dependent adult, now deceased, for mistreatment and second-degree reckless murder. The wife and caregiver argued that she adequately cared for her husband of 45 years. However, the state presented sufficient evidence in court that she neglected to care for his wounds, failed to administer his medications, refused to help him to the toilet, and allowed him to starve, which resulted in his death. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: March 15, 2024, Case #: 123650, Categories: Evidence, Elder Abuse, Negligent Murder
J. Standridge finds a lower court improperly ruled that a "noisy conduct" provision in the state's municipal code of ordinance is constitutional. The state argued that a Project Justice protestor did not engage in protective activity when he launched a movement near a federal courthouse while blocking traffic, which resulted in an unlawful citation for noisy conduct. However, the state sufficiently showed in court that the noisy conduct provision is unconstitutional because it is overbroad and prohibits substantial protected conduct. Reversed.
Court: Kansas Supreme Court, Judge: Standridge , Filed On: March 15, 2024, Case #: 124412, Categories: Constitution, Municipal Law
J. Luckert finds a lower court properly denied a defendant's motion to test biological materials found on a cigarette butt and a bullet. The defendant, who shot and killed a marijuana dealer and was convicted of felony first- degree murder and conspiracy to possess with intent to sell hallucinogenic drugs, argued that he was entitled to a new trial after DNA testing failed to conclusively pinpoint him as the culprit. However, the government sufficiently showed in court that DNA test results would not have afforded him relief based on strong evidence that he committed the offenses. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: March 15, 2024, Case #: 125632, Categories: Dna, Drug Offender, Murder
Per curiam, the Kansas Supreme Court suspends Jason P. Wiske from the practice of law in Kansas for 90 days for failing to meet filing deadlines on behalf of a client who lost parental rights of his children. The attorney cannot reasonably assert he assumed that filing deadlines in 2021 were suspended by the Covid-19 pandemic.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 127056, Categories: Family Law, Covid-19, Attorney Discipline
J. Wall finds a lower court properly convicted a defendant for unlawful possession of a weapon and attempted first-degree murder. The defendant argued that his 586 month prison sentence is unreasonable and that he was entitled to a new trial after discovering that the lead detective in his case launched a sexual relationship with his daughter, who served as a confidential informant. However, the defendant failed to present sufficient evidence in court that the relationship started before of during his criminal proceedings. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 8, 2024, Case #: 120994, Categories: Evidence, Firearms, Murder
Per curiam, the Kansas Supreme Court finds a lower court properly dismissed a patient's medical malpractice claims against a surgeon. The patient, who failed to obtain an expert witness, argued that she was entitled to relief after the surgeon removed part of her pancreas instead of her liver. However, the surgeon sufficiently showed in court that the common-knowledge exception did not apply to his removal of the wrong organ. Reversed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 8, 2024, Case #: 124946, Categories: Experts, Medical Malpractice
J. Luckert finds a lower court improperly used statements submitted by a minor child in a police interview in court. A police officer argued that he did not use coercive tactics to gain information from the 16-year-old, who was accused of molesting his younger step-sister. However, the state presented sufficient evidence in court that the police interrogation violated due process based on the child's involuntary statements. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: March 4, 2024, Case #: 124676, Categories: Civil Rights, Constitution
J. Wilson finds a lower court properly sentenced a defendant to a 40 year to life sentence after he was convicted for murder. The defendant argued that he is entitled to a sentencing modification, and that he never received a reply from the court clerk. However, the government sufficiently showed in court that he received an order in the mail and that his claims are untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
Per curiam. The Kansas Supreme Court finds a lower court properly disciplined Leon J. Davis for failing to disclose a felony DUI to the office of the disciplinary administrator. The attorney argued that he experienced a "miraculous" turnaround since his arrest for drunk driving. However, the imposed two- year suspension is based on the severity of his offense. Affirmed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 126479, Categories: Attorney Discipline
J. Wilson finds a lower court properly dismissed a defendant's motion for a life sentence modification. The defendant, who is serving a life sentence for a murder conviction, argued that he never received correspondence concerning the denial of his motion. However, the state presented sufficient evidence in court that a clerk's notation was forwarded to him. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: March 1, 2024, Case #: 122246, Categories: Murder, Sentencing
Per curiam, the Kansas Supreme Court publicly reprimands a certified court reporter for repeatedly failing to timely submit an expedited transcript to an appeals court. The court reporter argued that she did not knowingly make untrue statements concerning her job duties. However, the State Board of Examiners of Court Reporters sufficiently showed in court that she failed to meet dates of completion of transcripts after securing several extension requests without justification.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: 1721, Categories: Employment, Negligence
J. Standridge finds a lower court properly convicted a defendant on two counts of first- degree premeditated murder of two female victims. The defendant, who was sentenced to 146 months in prison and two consecutive life sentences, argued that the lower court abused discretion by allowing the state to present gruesome autopsy photos during trial. However, the government sufficiently showed in court that the photographs in question were properly admitted and were not considered unduly prejudicial. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: February 23, 2024, Case #: 124535, Categories: Burglary, Murder, Sentencing
J. Wall finds a lower court properly invoked a crowded docket exception on behalf of a defendant. The defendant, who was charged with arranging a sexual encounter of a 17- year-old female, argued that he was entitled to a speedy trial. However, the State presented sufficient evidence in court that the motion was not unreasonable. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 23, 2024, Case #: 123687, Categories: Evidence, Sex Offender, Speedy Trial
J. Luckert finds a lower court properly convicted a defendant for first-degree premeditated murder for shooting his girlfriend, now deceased, at close range in her face after she arranged a sexual encounter with another person. The defendant argued that the prosecutor made contradictory statements at closing about premeditation. However, the government sufficiently showed in court that the defendant was granted a fair trial, despite the non-reversible error. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: February 16, 2024, Case #: 124223, Categories: Evidence, Murder
J. Wall finds a lower court properly convicted a defendant for commercial sexual exploitation of a child. The defendant, who paid a 17- year-old female to have sex with him after contacting her on Snapchat using the name "Wamma Jamma," argued that he was deprived of a speedy trial. However, the government sufficiently showed in court that the "crowded-docket exception" allowed it to order a single continuance for 30 days. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 16, 2024, Case #: 123687, Categories: Sex Offender, Speedy Trial, Child Victims
Per curiam, the Supreme Court of Kansas finds a lower court properly disciplined an attorney for safekeeping property violations. A court reporter hired by the attorney argued that he wrongfully garnished her wages in small claims court. However, the garnishment may have been mistaken based on the attorney's declining health following a heart transplant.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 126106, Categories: Attorney Discipline
J. Biles finds a lower court properly denied a defendant's motion for monetary damages after his felony conviction for interference with law enforcement was reversed in court. The defendant argued that he is entitled to damages for the reversal of his conviction. However, the government sufficiently showed in court that he obtained summary judgment and not a dismissal, which does not trigger monetary relief. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 26, 2024, Case #: 126,247, Categories: Evidence, Sentencing, Domestic Violence
Per curiam, the Supreme Court of Kansas finds a lower court properly convicted a defendant for capital murder after he killed four people, including a 18-month-old toddler. The defendant, who submitted eight versions of his offenses, argued that his sentence is unreasonable based on his claims that only one of his crimes was considered "heinous, atrocious, and cruel." However, the state presented sufficient evidence in court that it did not have to show that all of the killings were heinous in order to obtain a conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: January 19, 2024, Case #: 115,964, Categories: Firearms, Murder, Sentencing
J. Stegall finds a lower court properly convicted a defendant for intent to distribute marijuana. The defendant argued that his 108 month prison term and 36 months probation was unreasonable based on a warrantless search of a trailer attached to his truck. However, the government presented sufficient evidence in court that the fifth wheel trailer was an extension of his vehicle. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 12, 2024, Case #: 123,559, Categories: Drug Offender, Search, Sentencing
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: Evidence, Child Victims, Child Pornography