Wednesday, November 29, 2006

Wins at the Third

Thanks to Stacey Donovan, who relayed the following big victories to me from the Topeka Public Defender Office.

Scott Gesner won in State v. Wahweotten, where client was charged with aggravated assault with a deadly weapon and misdemeanor criminal damage to property. A jury acquitted of aggravated assault and convicted of only the misdemeanor.

Similarly, Cindy Sewell won in State v. Taylor. Here is Stacey's report about the residential burglary prosecution:
Her client went into the house of a friend he'd stayed overnight with off and on. Client left a bunch of his dvds and cds at the other kid's house. Client kept calling kid to get his stuff back, but they never answered the phone or returned the calls, so client opened the door to the house and went in to find his stuff. He gathered all his own items and then decided once he was in the house to take some of their things. Cindy got the judge to make the state choose between enter into or remain therein on the burglary instruction. The state selected the "enter into..." portion because it was clear that client didn't "remain therein" after being told to leave. The jurors felt that he did not go into the house to commit a theft, he only decided to steal once he was inside. He was found guilty of misdemeanor theft.

Keep me updated on good verdicts so I can share the good news!

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