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 November 21, 2008) (unpublished).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 August 6, 1999)(unpublished).