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
Caroline M. Zuschek won in State v. Jenkins, No. 122,800 (Kan. App. October 1, 2021) (unpublished), obtaining reversal of a Jackson County obstruction conviction. The state charged Ms. Jenkins with obstructing apprehension or prosecution of a crime for hiding in her boyfriend in her home when sheriff’s officers came to arrest him for a…
IAC stemming from failure to file timely notice of alibi was shown even without trial attorney's testimony
Jacob Nowak won in Rucker v. State, No. 122,643 (Kan. App. October 1, 2021) (unpublished), obtaining a new trial in a Wyandotte County criminal threat and criminal discharge at an occupied building prosecution. Mr. Rucker filed a motion pursuant to K.S.A. 60-1507 alleging ineffective assistance of counsel for among other reasons, failing to file…
Affirmatively misadvising client regarding calculation of criminal history score justifies plea withdrawal
Jennifer C. Roth won in State v. McKinzy, Nos. 121,464 (Kan. App. October 1, 2021) (unpublished), obtaining remand for further proceedings in a Wyandotte district court murder prosecution. The state charged Mr. McKinzy with first-degree murder. The parties entered into an agreement where Mr. McKinzy would plead guilty to second-degree murder and a count…
Failure to argue voluntary act requirement in statutory rape case was IAC
Richard Ney and David L. Miller won in State v. Dinkel, No. 113,705 (Kan. September 24, 2021), obtaining a new trial in a Saline County statutory rape prosecution. The Kansas Supreme Court had previously considered this case (blogged about here) and held that a voluntary act was an element of a statutory rape…
Potential for incorrect criminal history requires remand
Peter Maharry won in State v. Aschenbrenner, No. 123,385 (Kan. App. October 1, 2021) (unpublished), obtaining a remand with directions in a Thomas County burglary prosecution. Mr. Aschenbrenner argued that his original 2020 sentences were illegal because his criminal history score of C included a prior juvenile adjudication of criminal threat, and the PSI…
District court must inquire into conflict claims underlying plea withdrawal request
Jacob Nowak won in State v. Ramsey, No. 123,239 (Kan. App. October 1, 2021) (unpublished), obtaining reversal and remand with directions from summary dismissal of a plea withdrawal motion in a Sedgwick County robbery prosecution . Mr. Ramsey argued that the district court was required to appoint him counsel and hold an evidentiary hearing…
Victim request for leniency can be part of departure analysis
Peter Maharry and Patrick H. Dunn won in State v. Bliss, No. 120,134 (Kan. App. September 24, 2021), obtaining reversal of one count in a multi-count Sedgwick County domestic violence prosecution. The state charged Mr. Bliss with two alternative counts of aggravated kidnapping. The jury returned a guilty verdict for both counts. Then the…
District Court not barred from considering on remand new video evidence that substantially impacts motion to suppress
Randall Hodgkinson won in State v. Thompson, No. 122,959 (Kan. App. Sept. 10, 2021)(unpublished), obtaining reversal and remand in a Reno county drug possession prosecution on a suppression issue. The case arose when a deputy pulled Mr. Thompson over for allegedly failing to yield to the deputy’s emergency-lighted vehicle. A search after that stop…
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]
William J. Skepnek, of The Skepnek Law Firm, P.A., of Lawrence, Keynen J. (K.J.) Wall, Quentin M. Templeton, and Russell J. Keller, of Forbes Law Group, LLC, of Overland Park, Stephan L. Skepnek, of The Sader Law Firm, of Kansas City, Missouri, and Kevin Babbit, of Fagan & Emert, LLC, of Lawrence, Kansas won in…