Notable Cases

Federal Cases

United States v. Hall

Case Number 08-10208-MLB, ___ F.Supp.2d ____, 2010 U.S. Dist. LEXIS 131466 (D. Kan. 2010). Complete dismissal of mail fraud, wire fraud, money laundering and other charges on vagueness grounds. Case involved complex allegations of fraud, involving Kansas cigarette distributors selling cigarettes to tribal retailers in the state of Oklahoma. Prosecutors claimed cigarette tax losses of $ 25 million, and “gross proceeds” of $ 110 million. Government appeal dismissed following review by the Department of Justice and the United States Solicitor General.

United States v. Diaz

Case Number 08-10100-01 MLB (D. Kan. August 1, 2008). Federal drug case resulting from an I-70 car stop in Thomas County, Kansas, involving 1 pound of 98% pure methamphetamine. Case dismissed following successful Motion to Suppress.

United States v. Dang

Case Number 06-10212-JTM (D. Kan. September 19, 2006). Federal drug case resulting from an I-70 car stop in Ellis County, Kansas, involving 1.8 pounds of methamphetamine and 11 pounds of cocaine. Case dismissed following vigorous pre-trial motion practice.

State Cases

State of Kansas v. Rexroat

(99,432, Kan. Ct. App. November 21, 2008) (unpublished). Appellate Court affirmed district court’s dismissal of charges based on the impermissible stacking in inchoate offenses (i.e. a defendant cannot be charged with an “Attempted” Indecent Solicitation of a Child).

State of Kansas v. Wade

Kansas (Kan. 95,649, July 13, 2007). Kansas Supreme Court’s reversal of client’s First Degree Murder Conviction and life sentence and ordering of a new trial due to trial court’s erroneous amendment of the charges to conform with the client’s testimony during trial. Supreme Court held this violated the client’s rights of due process and prohibited him from preparing and presenting a defense.

State of Kansas v. Manbeck

Allen County Case No. 01 CR 302, trial counsel for client charged with Involuntary Manslaughter DUI. Argued the sentencing court could not enhance client’s sentence as the language of the statute required a finding that the client was under the influence of alcohol and drugs at the time of the offense, and client was only found to be under the influence of alcohol ordrugs at the time of the offense. Client’s enhanced sentence reversed by the Kansas Court of Appeals in 31 Kan. App. 2d 618 (2003). Court of Appeals reversal affirmed by the Kansas Supreme Court in 277 Kan. 224 (2004).

State of Kansas v. Beaman

Allen County Case No. 01 CR 19, jury verdict of not guilty of aggravated assault with a firearm upon a law enforcement officer. Client’s Motion to Dismiss kidnapping charge for lack of probable cause sustained following preliminary hearing.

State of Kansas v. Spellman

Crawford County Case No. 99 CR 490 G, Successful Motion to Suppress 2.65 grams of methamphetamine based on deputy’s illegal “ruse” entry into home. Entry followed Sheriff’s deputy allowing client to believe her children had run away or been kidnapped, even though the deputy knew the children were safe at the Sheriff’s Department.

Olson v. City of Independence and Klars Jewelers

Montgomery County Case No. 96 C 106, civil jury verdict of no liability for Klars Jewelers following plaintiff’s slip and fall in front of jewelry store. Judgment affirmed by the Kansas Court of Appeals, Case No. 1999-80700 (Kan. Ct. App. August 6, 1999)(unpublished).