State v. EvansAnnotate this Case
Defendant was charged with aggravated battery. After a preliminary hearing, Defendant moved for a grant of immunity pursuant to Kan. Stat. Ann. 21-5231. After weighing the evidence, the district court granted Defendant immunity and dismissed the charges. The Court of Appeals reversed and reinstated the complaint, concluding that the district court was required to view the evidence in a light favoring the State and, under the correct standard, there was probable cause to rebut Defendant’s claim of immunity and submit the case to a jury. The Supreme Court reversed the decision of the Court of Appeals and affirmed the decision of the district court, holding (1) because the Court announced a new rule of law enunciated herein, the Court of Appeals must be reversed; and (2) the district court correctly granted Defendant statutory immunity pursuant to section 21-5231.