12 results for 'judge:"Wall"'.
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. 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. 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
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
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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
J. Wall finds a lower court properly convicted a defendant for felony murder and fleeing and eluding a police officer. The defendant argued that the lower court's jury instructions created an alternative- means offense when it presented multiple felonies for fleeing and eluding a police officer, who attempted to capture him after he tried to pass a fraudulent check inside of a bank. However, the state presented sufficient evidence in court that his convictions are not "tainted by an alternative- means error." Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: October 20, 2023, Case #: 124,724, Categories: Fraud, Murder, Negligent Murder
J. Wall finds a lower court improperly vacated a defendant's conviction for aggravated- kidnapping. The defendant, who was sentenced to 45 years in prison, argued that he is entitled to relief. However, the State presented evidence in court that the defendant confined his victim in order to facilitate another crime. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 123,742, Categories: Sentencing, Kidnapping
J. Wall finds a lower court properly convicted a defendant for raping and sodomizing a female victim. The defendant, who was charged with aggravated battery and kidnapping, argued that he was entitled to self- representation. However, the government sufficiently showed in court that the defendant behaved inappropriately at trial. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 122,156, Categories: Battery, Kidnapping, Self Representation
J. Wall finds a lower court properly dismissed a defendant's second motion to correct an alleged illegal sentence. The defendant, who is serving a life sentence with no chance of parole, argued that the lower court erred in imposing restitution to the sister of his murder victim. However, the defendant is barred from bringing his claims under res judicata. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 23, 2023, Case #: 125,113, Categories: Murder, Sentencing, Restitution
J. Wall finds a lower court properly imposed a restitution plan on a defendant who pleaded guilty to robbery of a vehicle. The defendant argued that the $2,000 restitution plan is impractical based on lack of funds. However, the plan is reasonable because he is allowed to make payments of $15 per month during his 100 month prison sentence. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 9, 2023, Case #: 123,5, Categories: Robbery, Restitution
J. Wall finds a lower court improperly imposed an illegal sentence on a defendant who was charged for kidnapping a teenager at gunpoint in order to coerce her to sell marihuana. The State argued that the lower court properly imposed a 71 month prison sentence on behalf of the defendant based on his criminal history score. However, the defendant presented sufficient evidence in court that he is entitled to a motion to correct the illegal sentence in an appellate court, which has subject matter jurisdiction over illegal sentences. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 26, 2023, Case #: 122,418, Categories: Drug Offender, Sentencing, Kidnapping