State v. Phillips
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The Supreme Court affirmed Defendant's convictions for first-degree murder and aggravated battery, holding that none of Defendant's allegations of error required reversal of his convictions.
Specifically, the Supreme Court held (1) the district court erred in ruling on Defendant's motion for immunity under Kan. Stat. Ann. 21-5231, and the appropriate remedy was to review the record of the original hearing to determine whether the State satisfied its burden to show probable cause that Defendant's use of deadly force was not statutorily justified; (2) the State showed probable cause under the totality of the circumstances; (3) the district court properly denied Defendant's request for a lesser included offense instruction to the aggravated battery charge; and (4) the district court did not err in denying Defendant's motion for new trial.
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