State v. Hardy
Annotate this CaseDefendant was charged with aggravated battery. Defendant moved for a grant of immunity pursuant to Kan. Stat. Ann. 21-5231(a) - the self-defense immunity statute - and asked for a probable cause hearing. The district court granted Defendant’s motion and dismissed the case against Defendant, concluding that he was immune from prosecution under section 21-5231 because, while he used “deadly force,” the presumption of reasonableness applied and the State failed meet its burden to demonstrate probable cause that Defendant’s use of force was not justified. The court of appeals reversed. The Supreme Court reversed the court of appeals and affirmed the district court’s grant of immunity, holding (1) the court of appeals erred by concluding that district courts must resolve evidentiary disputes in favor of the State when ruling on a defendant’s motion for immunity; and (2) the district court’s determination that Defendant was entitled to statutory immunity was both supported by substantial competent evidence and correct as a matter of law.
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