Date: 11-15-2024

Case Style:

State of Kansas v. Joseph C. Esher

Case Number:

Judge: Laura Johnson-McNish

Court: District Court, Brown County, Kansas

Plaintiff's Attorney: Brown County, Kansas District Attorney's Office

Defendant's Attorney:

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Description:

Hiawatha, Kansas criminal defense lawyer represented the Defendant charged with two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat.

Esher was convicted in 2001 of two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat. Another panel of this court reversed Esher's criminal threat conviction on direct appeal, holding that it was clearly erroneous for the district court to fail to give a unanimity instruction because "the jury could have found three possible threats" and "it is impossible to determine if defendant obtained a unanimous verdict." 2003 WL 22005897, at *6. The panel remanded for a new trial on the criminal threat charge and affirmed the remaining convictions. 2003 WL 22005897, at *8. The mandate issued on November 14, 2003. The State moved to dismiss the criminal threat count on remand. The district court dismissed it without prejudice on February 3, 2005.

Esher v. State, 127,100 (Kan. App. Nov 15, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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