• Home
  • The Kansas Supreme Court issued the following published decisions July 2, 2020

The Kansas Supreme Court issued the following published decisions July 2, 2020

06 Jul 2020 12:56 PM | Amanda Kohlman (Administrator)

Appeal No. 118,091: State of Kansas v. Grady Allen Kornelson

Summary calendar; no oral argument

The Supreme Court affirmed Kornelson's Reno County convictions for driving under the influence and illegal transportation of liquor. Kornelson's first trial on the charges ended when the trial court determined the jury was unable to reach a verdict. A second jury convicted him. Kornelson argued the second trial violated his constitutional right against double jeopardy. In a unanimous opinion written by Justice Dan Biles, the Supreme Court concluded the second trial was permitted because there was a manifest necessity to end the first trial based on the jury's inability to agree.

Appeal No. 118,698: Jeffrey Alan Hammond v. San Lo Leyte VFW Post #7515

Summary calendar; no oral argument

The Supreme Court affirmed the decision of the Court of Appeals and remanded the case to Cloud County District Court with directions, finding summary judgment was not warranted. The dispute in this personal injury case arises from a fight between Hammond and a patron of the VFW bar. The VFW argued it owed Hammond no duty at the time he sustained his injuries, as the physical harm took place outside the VFW. The Supreme Court held that under these circumstances, the VFW may be liable if the duty arose and the breach occurred on VFW property, even if the actual resulting physical harm took place entirely outside.

Appeal No. 119,993: State of Kansas v. Andrew Lynn Gibson

Summary calendar; no oral argument

The Supreme Court affirmed Gibson's convictions of child abuse and felony murder with the underlying felony of child abuse. His crimes involved the asphyxiation of a baby girl in 2016. In a unanimous opinion written by Justice Dan Biles, the Supreme Court rejected Gibson's claims Riley County District Court erred when it found he waived a privileged communication with a defense-hired psychologist, there was insufficient evidence to sustain his convictions, and the jury instruction on the State's burden of proof improperly discouraged the jury from exercising its nullification power. But the Supreme Court vacated a lifetime postrelease supervision requirement imposed by the trial court, since that could not be imposed in conjunction with Gibson's life prison sentence.

Appeal No. 120,683: State of Kansas v. Virgil S. Bradford

Summary calendar; no oral argument

The Supreme Court affirmed Dickinson County District Court's denial of Bradford's motion to correct an illegal sentence. In 1999, a Dickinson County jury convicted Bradford of capital murder, aggravated robbery, aggravated burglary, and two counts of felony theft. Many years after his sentences for these crimes became final, Bradford argued his aggravated robbery sentence was illegal. Bradford based his argument on a 2018 change in the law. The Supreme Court rejected Bradford's argument. The court held if a criminal defendant moves to correct an illegal sentence, courts judge the sentence's legality as of the time the sentencing judge pronounced the sentence. Later changes in the law do not render a legal sentence illegal. The court also held Bradford could not raise constitutional challenges to his sentence through a motion to correct an illegal sentence.

Kansas Court of Appeals decisions released today


Powered by Wild Apricot Membership Software