Kasper Schirer won in State v. Cameron Taylor, No. 118,792 (Kan. October 8, 2021), obtaining a new trial in a Finney County marijuana possession, battery on a law enforcement officer, and criminal threat prosecution. The COA had ordered a new trial on the possession charge based on a suppression issue, but affirmed the remaining
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Obstruction cannot occur until predicate offense completed
IAC stemming from failure to file timely notice of alibi was shown even without trial attorney's testimony
Affirmatively misadvising client regarding calculation of criminal history score justifies plea withdrawal
Failure to argue voluntary act requirement in statutory rape case was IAC
Potential for incorrect criminal history requires remand
District court must inquire into conflict claims underlying plea withdrawal request
Victim request for leniency can be part of departure analysis
District Court not barred from considering on remand new video evidence that substantially impacts motion to suppress
Failure to adequately investigate and present available defense challenging State’s central theory of case is ineffective assistance of counsel requiring new trial [PR GRANTED]
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