Tuesday, November 23, 2010

Downward departure upheld

Washburn student intern Jeffrey Dazey and I (and Patrick Dunn, who argued the case), won in State v. Liskey, No. 103,145 (Kan. App. Nov. 19, 2010), affirming Judge Leuenberger's imposition of a downward durational and departure sentencing in a fairly high profile Shawnee County aggravated indecent liberties and criminal sodomy prosecution. Judge Leuenberger had found eleven substantial and compelling reasons for departure in this case. The COA considered two of the eleven --Ms. Liskey's mental impairment and the complaining witness' participation in the conduct--and held that they were supported by substantial competent evidence and were substantial and compelling reasons for departure. Because the COA only needed to find a single factor supported the departure, it did not need to analyze any of the remaining factors.

Here is coverage of the decision in the Topeka Capital-Journal. Here and here is pre-argument and argument coverage of the appellate case in the Topeka Capital-Journal. Here is some WIBW video coverage of the argument expertly presented by "Ryan Hodgkinson" (played by Patrick Dunn).

[Update: the state did not file a PR and the mandate issued on December 23, 2010.]

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