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Supreme Court release for September 20, 2019

20 Sep 2019 11:49 AM | Amanda Kohlman (Administrator)

The Kansas Supreme Court released the following published decision today: 

Appeal No. 116,371: State of Kansas v. Stephen A. Gentry

Archived oral argument video

In a decision written by Justice Eric Rosen, the Supreme Court affirmed Gentry's convictions in Saline County District Court for first-degree murder, attempted first-degree murder, criminal discharge of a firearm at an occupied vehicle, and conspiracy to commit aggravated battery. The court held a statutory error in failing to offer lesser included offense instructions on the two forms of reckless homicide was harmless. It also held there was no statutory error in failing to instruct the jury on lesser included offenses of voluntary manslaughter, attempted unintentional but reckless second-degree murder, attempted reckless involuntary manslaughter, and attempted voluntary manslaughter. The court affirmed the district court's denial of Gentry's motion for a continuance. Finally, the court held the district court erred when it ordered Gentry to pay restitution to the Saline County Attorney's Office for expenses related to witnesses and trial exhibits. It vacated that portion of the order.

Kansas Court of Appeals decisions released today

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