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 convictions despite finding four additional trial errors, includingviolations of in limine orders, and prosecutorial error in closing argument. The COA had found that the trial errors were individually and cumulatively harmless with regard to the remaining counts. The ..read more

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 October 1, 2021) (unpublished), obtaining reversal of a Jackson County obstruction conviction.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 probation violation warrant and lying to officers. Specifically, the state charged Ms. Jackson  with "knowingly harboring, concealing or aiding any person who . . . [h]as committed or who has been charged with committing a felony or misdemeanor under the la ..read more

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 October 1, 2021) (unpublished), obtaining a new trial in a Wyandotte County criminal threat and criminal discharge at an occupied building prosecution.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 a timely notice of alibi. After the district court initially denied Mr. Rucker’s motion, the COA remanded for evidentiary hearing on several claims, including failure to file a timely notice of alibi. On remand, the district court found that Mr. Rucker ..read more

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 October 1, 2021) (unpublished), obtaining remand for further proceedings in a Wyandotte district court murder prosecution.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 of aggravated battery in a separate case. Prior to sentencing, Mr. McKinzy filed a motion to withdraw his plea because his attorney affirmatively misinformed him that he would be criminal history C for the murder conviction and criminal history ..read more

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 did not reflect whether the adjudication was based on the intentional or reckless version of the offense. The state argued Mr. Aschenbrenner’s illegal sentencing claim was barred because he agreed to his criminal history score on the record a ..read more

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 for two reasons: (1) he received ineffective assistance from counsel who was unprepared to go to trial, forcing Ramsey to accept a plea; and (2) he was denied his right to conflict-free counsel. The COA noted that if the district court fails to fully investig ..read more

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 prosecution. In the previous decision, the KSC remanded to determine whether Ms. Dinkel's attorney was ineffective for failing to make any argument regarding the actus reus requirement. The district court held that Ms. Dinkel's attorney was not ineffective. A majority of the KSC disagreed ..read more

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 entered judgments of conviction on both counts as independent charges and imposed concurrent sentences of 84 months’ imprisonment with the sentence on one count held in abeyance. On appeal, Mr. Bliss argued the state presented insufficient evide ..read more

Peter Maharry won in State v. Boldridge, No. 121,942 (Kan. App. August 13, 2021)(unpublished), obtaining reversal in a Atchison County attempted voluntary manslaughter prosecution. The prosecution stemmed from an Atchison police officer's investigation of potential theft of services and the resultant exchange of gunfire between between Mr. Boldridge and the officer.  In particular, Mr. Boldridge argued that there was no evidence in the record to support a finding of provocation  required for the form of attempted voluntary manslaughter as the jury was instructed. Mr. Boldridge argued ..read more

Michelle A. Davis won in State v. Tommy Jones, No. 119,764 (Kan. August 6, 2021), obtaining reversal of two counts in a Sedgwick County sexual exploitation of a child prosecution. The state had charged Mr. Jones in two counts with ""promot[ing] any performance that includes sexually explicit conduct by a child under eighteen (18) years of age . . . knowing the character and content of the performance." But the jury instructions only required the state to prove he "persuaded, induced, or enticed the child victim to engage in sexually explicit conduct 'with the intent to promote a performance ..read more