Thursday, January 29, 2009

Suppression and change of venue in Emporia murder case

Here and here are a couple of Emporia Gazette articles reporting that Judge Wheeler granted a motion for change of venue and also substantially restricted the state's evidence in a Lyon County felony murder prosecution after remand from the Kansas Supreme Court in State v. Carapezza and State v. Hughes. Here is a transcript of the district court's ruling posted on the district court's web site.

This case is back in district court after the KSC reversed felony murder convictions based on improper admission of evidence as blogged about here. The KSC ordered new Kastigar hearings on remand, which resulted in the latest order.

[Update: here is an Emporia Gazette article reporting that the state plans to appeal Judge Wheeler's Kastigar ruling.]

[Further update: here is an Emporia Gazette article reporting that Judge Wheeler set $40000 bonds pending the appeal for both co-defendants.]

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