After an apartment house in Topeka burned and one of the tenants died, the United States government charged Robinson with arson resulting in death. When the federal government dismissed the charge before trial, the State of Kansas charged Robinson with felony murder and aggravated arson. All pertinent details of the state prosecution may be read in the direct criminal appeal reported in State v. R... More...    $0 (08-09-2018 - KS)

James Dudley set fire to toilet paper within his prison cell by sticking pieces of pencil graphite into an electrical socket. Because the fire occurred in a structure housing other inmates, the State charged Dudley with aggravated arson.

Dudley reached a plea agreement with the State under which he pleaded no contest to a reduced charge of solicitation to commit arson. But before sent... More...    $0 (07-28-2018 - KS)

At trial, the witnesses presented varying and sometimes conflicting versions of the context that led to this prosecution. We have pared down the factual background to what we deem important for resolution of the issues.

Around 2007, Barlett and Chad Ford formed a rap group called Wicked Wayz. Unable to agree on finances, Barlett and Ford ended their venture in 2010 or 2011. Barlett cont... More...    $0 (06-22-2018 - KS)

Wichita, KS - Federal Charges Filed In Deadly Wichita Swatting Case

A federal indictment unsealed here today charges three men in a “swatting” incident where false reports to police and emergency services set off a chain of events that led to a Wichita man being shot and killed, U.S. Attorney Stephen McAllister said.

The indictment alleges the defendants are responsible for hoax ... More...    $0 (05-25-2018 - KS)

On March 31, 2016, Walker pled guilty to one count of aggravated arson and one count of endangering a child. On May 13, 2016, the district court imposed a controlling sentence of 24 months' imprisonment and granted probation for 24 months to be supervised by community corrections.

At a hearing on January 26, 2017, Walker admitted to violating the conditions of her probation by failing ... More...    $0 (04-21-2018 - KS)

Redick was in a romantic relationship with Keithley. In the weeks leading up to her death, Redick told multiple people that he believed the spirit of his deceased mother was living in her.

On November 14, 2013, Keithley checked into the Country Club Motel in Topeka. Because Keithley and Redick stayed at the motel regularly, the motel's owner was familiar with both; and he saw Redick wa... More...    $0 (04-14-2018 - KS)

Following a jury trial, Glenn Rusch, Jr. was found guilty of aggravated arson resulting in a substantial risk of bodily harm, which made the offense a severity level 3 person felony. The district court granted a downward durational departure and imposed a prison sentence of 71 months. Rusch appeals his conviction. He argues the State failed to prove the element that elevates aggravated arson to a... More...    $0 (03-21-2018 - KS)

On February 7, 1991, Johnson pled guilty to aggravated battery in case No. 90 CR 1426; first-degree murder, aggravated burglary, aggravated battery, aggravated arson, rape, aggravated sodomy, and two counts of aggravated kidnapping in case No. 90 CR 1427; and aggravated arson in case No. 90 CR 1843. In the first two cases, Johnson was 17 years old at the time he committed the crimes. In the last c... More...    $0 (11-08-2017 - KS)

Over the course of 1 1/2 years, Latham filed numerous motions to correct an illegal sentence. In his most recent motion, Latham requested an evidentiary hearing for the district court to consider whether a 1991 in-state juvenile adjudication for aggravated arson and a 1996 out-of-state conviction for aggravated robbery were properly scored as person felonies under State v. Dickey, 301 Kan. 1018, 3... More...    $0 (06-13-2017 - KS)

A jury convicted Kingsley of four 1991 crimes: first-degree murder on the alternative theories of both premeditated and felony murder, aggravated robbery, aggravated arson, and forgery. As part of the proceedings, the jury found three aggravating circumstances: (1) Kingsley committed the crime for pecuniary gain; (2) he committed the crime to avoid or prevent arrest or prosecution; and (3) he co... More...    $0 (06-09-2017 - KS)

Robertson was convicted in 2002 of first-degree murder, arson, and aggravated burglary and sentenced to an imprisonment term of life without possibility of parole for 50 years (hard 50 life sentence) for the first-degree murder conviction. His convictions and sentence were affirmed on direct appeal, where one of the issues he raised was a constitutional challenge to the hard 50 sentence based on A... More...    $0 (05-16-2017 - KS)

In January 2013, Riley pled no contest to one count of solicitation of arson, a severity level 9 person felony. Riley's criminal history was scored an A, based in part upon a juvenile adjudication which occurred prior to the enactment of the Kansas Sentencing Guidelines Act (KSGA). Given Riley's crime and criminal history score, his presumptive sentence was 15 to 17 months in prison. Before the di... More...    $0 (04-25-2017 - KS)

Jessica L. Brown pled guilty to arson and three counts of criminal damage to property. A jury convicted her on an additional charge of aggravated assault with a deadly weapon. The district court granted 24 months' probation and ordered Brown to register as a violent offender under the Kansas Offender Registration Act (KORA). Brown appeals, arguing (1) there was insufficient evidence to support he... More...    $0 (12-28-2016 - KS)

The incidents in this case took place on October 6, 2013, between Martinez and his common-law wife, M.H.C., after M.H.C. had obtained a temporary PFA order against Martinez.

On September 20, 2013, M.H.C. obtained the temporary PFA order against Martinez. The order prohibited all contact between the two and gave M.H.C. exclusive possession of their residence and business. The order grant... More...    $0 (12-28-2016 - KS)

This matter returns to our court upon a remand order by the Supreme Court. On January 31, 2014, our court issued a memorandum opinion in this case affirming Corey Montgomery's conviction for aggravated burglary in violation of K.S.A. 2011 Supp. 21-5807(b). See State v. Montgomery, No. 108,164, 2014 WL 349558 (Kan. App. 2014) (unpublished opinion), rev. granted and remanded 304 Kan. 1020 (2016). <... More...    $0 (12-27-2016 - KS)

Belt's challenges to his convictions based on the sufficiency of the evidence to support them necessitate a thorough review of the grisly evidence in this case. The victim in this case, L.G., was a housekeeper at a Wichita apartment complex. She and her live-in boyfriend, Chris Branch, were acquainted with Belt as former neighbors. On the morning of June 25, 2002, a manager at the complex w... More...    $0 (10-23-2016 - KS)

Gregory L. Gales appeals from the denial of his motion to correct a claimed illegal sentence. He argued before the district court that the sentencing court erroneously classified his 1976 California juvenile burglary adjudication as a person offense, resulting in a higher criminal history score and a longer sentence than if it had been classified as a nonperson offense.

Gales has an ... More...    $0 (10-01-2016 - KS)

In accordance with a plea agreement, Sanders pled no contest to aggravated battery, a severity level 7 person felony, in violation of K.S.A. 2015 Supp. 215413(b)(1)(C). The State alleged that Sanders struck Larry McMillian with a "baseball bat or club" more than once on his left elbow and caused McMillian to sustain "extensive bruising and swelling to the extent he was not able to use his elbow fo... More...    $0 (09-09-2016 - KS)

In 2005, Moore pled guilty to one count of aggravated indecent liberties with a child. The presentence-investigation report listed Moore's criminal history as "A" based on his prior convictions, including a 1984 Oregon conviction for first-degree burglary of a dwelling. At sentencing, Moore initially challenged the validity of the burglary conviction, but he withdrew his objection when the State p... More...    $0 (07-01-2016 - KS)

At the time of the crimes, Fisher lived with his friend Tim Worthen and Tim's exwife, Angelique Worthen (Angel). Tim was the sole owner of the house the three shared. Fisher and Tim spent the day drinking, first at Tim's house and then at bars. After Tim left to pick Angel up from work, Fisher headed home on foot. On the way, he encountered police officers twice, the second time right outside of t... More...    $0 (04-22-2016 - KS)