7 results for 'judge:"Luckert"'.
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. 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. 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
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. 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
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J. Luckert finds a lower court properly denied a defendant's motion for counsel. The defendant, who was convicted on charges of rape, argued that he is entitled to representation to challenge his 272-month sentence. However, the defendant's motion is untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: October 20, 2023, Case #: 124,674, Categories: Sentencing, Sex Offender
J. Luckert finds a lower court properly convicted a defendant on charges of attempted aggravated burglary. The defendant argued that the State failed to provide sufficient evidence in court that he intentionally entered a residence that was occupied. However, a text message discovered by authorities that he sent his girlfriend stated: "I just got my phone back, babe. I lost it running from the cops. Someone seen me...and I almost got caught breaking in." Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: August 4, 2023, Case #: 122,660, Categories: Burglary, Evidence