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State v. Thomas

Supreme Court of Kansas
Oct 27, 2000
11 P.3d 1171 (Kan. 2000)

Summary

adopting the Court of Appeals opinion in State v. Thomas, 26 Kan.App.2d 728, 731–32, 993 P.2d 1249

Summary of this case from State v. Cheatham

Opinion

No. 81,461

Opinion filed October 27, 2000.

CRIMINAL LAW — Ineffective Assistance of Counsel — Counsel's Failure to File Timely Notice of Alibi Defense — Convistions for Injury to Pregnant Woman and Aggravated Battery are Multiplicitous.

Review of the judgment of the Court of Appeals in State v. Thomas, 26 Kan. App. 2d 728, 993 P.2d 1249 (1999). Appeal from Butler district court; JOHN M. JAWORSKY, judge. Judgment of the Court of Appeals reversing the district court is affirmed. Judgment of the district court is reversed. Opinion filed October 27, 2000.

Craig H. Durham, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, and Karen Eager, assistant appellate defender, were with him on the briefs for appellant.

Jan L. Satterfield, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.


The opinion of the court was delivered by


This is an appeal by defendant from his conviction of injury to a pregnant woman, aggravated battery, and criminal threat. The Court of Appeals reversed and remanded for a new trial, finding: (1) defendant's counsel's failure to file timely notice of an alibi defense constituted ineffective assistance of counsel, and (2) defendant's convictions of injury to a pregnant woman and aggravated battery are multiplicitous. Appellant's petition for review was granted by this court on March 21, 2000.

We have reviewed the briefs, the arguments, and the record in this case, and we conclude the Court of Appeals was correct. We, therefore, adopt the opinion and affirm the Court of Appeals, reverse the district court, and remand for a new trial.


Summaries of

State v. Thomas

Supreme Court of Kansas
Oct 27, 2000
11 P.3d 1171 (Kan. 2000)

adopting the Court of Appeals opinion in State v. Thomas, 26 Kan.App.2d 728, 731–32, 993 P.2d 1249

Summary of this case from State v. Cheatham

In Thomas, the failure to file the notice prevented the defendant's sister from vouching for defendant's whereabouts when the crime occurred.

Summary of this case from State v. Cheatham
Case details for

State v. Thomas

Case Details

Full title:STATE OF KANSAS, Appellee , v. NATHANIEL THOMAS, Appellant

Court:Supreme Court of Kansas

Date published: Oct 27, 2000

Citations

11 P.3d 1171 (Kan. 2000)
11 P.3d 1171

Citing Cases

State v. Cheatham

This court has previously held that counsel's failure to file the statutorily required notice of an alibi…