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Appellate advocacy is unlike trial practice. The skills required in a trial do not translate to an appeal. Appellate cases rarely get set for argument - leaving your hopes for reversal only on the written brief before a panel of extremely knowledgeable judges. Attorney Adam D. Stolte has written hundreds of appellate briefs and has argued at all levels of Kansas' Courts.
A voluntary manslaughter conviction was reversed because there was no legal basis for the State to argue that the defendant was engaged in a sudden quarrel.
identity theft, forgery, felony theft, & making a false information
The State violated the defendant's right to a speedy trial and, subsequently, lost jurisdiction over the case because it failed to properly extend time under the Uniform Mandatory Disposition of Detainers Act.
battery on a law enforcement officer
The District Court committed reversible error by instructing the jury in a confusing way. Because the State could not prove that the instructions were harmless beyond a reasonable doubt, the charges were reversed.
After the State repeatedly presented evidence that the defendant committed a prior crime, the District Court committed reversible error by failing to explain to the jury that the fact that a person committed one crime is irrelevant to prove he or she committed another crime.
In order to be convicted of aggravated burglary, a person has to break into a home when a person is present. In this case, because the homeowners forced the defendant into the home, there was no legal basis to support an aggravated burglary charge.
Extensive review of a complex and voluminous record revealed that the prosecutor lied to the jury. Finding the actions to be more than mere error and extremely prejudicial to the defendant, the Kansas Supreme Court reversed two murder convictions and remanded the case for a new trial.
Prior MO DUI convictions
Prior Missouri DUI convictions cannot be counted as a prior KS DUI because MO DUI's do not require drivers to be too intoxicated to drive.
PRIOr tx burglary convictions
In some situations, prior TX burglary convictions may not be counted as prior person felonies.
Prior ks burglary convictions
Defendants are not procedurally barred from challenging the error in classifying two pre-1993 Kansas burglary convictions as prior person felonies under KSA 22-3504.
prior nv burglaries
Prior Nevada burglaries cannot be used to enhance sentences.