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Kansas Supreme Court Release for February 19, 2021

19 Feb 2021 9:58 AM | Amanda Kohlman (Administrator)

Appeal No. 121,378: State of Kansas v. Julio Romero Fraire

Archived oral argument video

A Ford County jury convicted Fraire of premeditated first-degree murder and criminal possession of a weapon by a convicted felon in a deadly shooting outside a nightclub in Dodge City. Fraire was sentenced to life imprisonment without parole for 50 years for the murder conviction and an additional 21 months for the firearm conviction. He was also sentenced to lifetime postrelease supervision. Writing for a unanimous Kansas Supreme Court, Justice Eric Rosen affirmed the convictions, finding no reversible trial errors. The Supreme Court found no prejudice and no error when the trial court denied Fraire's motion for a new trial based on the fact a witness for the State and the defendant wore similar clothing on different days of the trial. The Supreme Court also held the prosecutor did not commit error in telling the jury the State's case, while not perfect, was good and sufficed to support a conviction. The Supreme Court elected not to address a challenge to the manner in which the trial court responded to a question from the jury, noting Fraire did not preserve the issue for appeal. Finally, the Supreme Court rejected Fraire's claim the order in which options were placed on the verdict form improperly influenced the jury's decision. The Supreme Court vacated the postrelease supervision component of the sentence as inconsistent with other release conditions.


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