yorkie smith murders iola ks
The case is remanded for further proceedings consistent with this opinion. You can easily create a free account. She was not there on the morning of August 20, 1982. Defendant's convictions of first-degree murder (Mangus), first-degree murder (Fisk), first-degree murder (Walsh), aggravated kidnapping (Short), aggravated kidnapping (Fisk), aggravated kidnapping (Walsh), aggravated battery (Short), aggravated battery (Mangus), aggravated sodomy (Mangus), aggravated sodomy (Short), attempted aggravated robbery (Mangus), attempted aggravated robbery (Short), theft, and unlawful possession of a firearm are affirmed. SAME — Prior Crimes Evidence — Evidence Offered to Prove Identity — Reasonable Inference Must Be Shown That Defendant Committed Both Offenses. Even before the families sued, public outrage mounted at the idea that a convicted killer with a long record had been freed to kill again. 21-3421), two counts of attempted aggravated robbery (K.S.A.
This would indicate the shooting and beating were contemporaneous. Ms. Fisk's employer testified that she arrived at his house on a punctual basis in the early morning hours seven days a week to cook and do other chores for him. An issue not briefed or argued upon appeal is deemed abandoned.
In support of his claims herein, defendant states this court has already found such withholding occurred in the disciplinary proceeding previously cited.
21-4504) may not be invoked to enhance a sentence for a felony if a necessary element of the felony is a prior felony conviction. 21-3414), four counts of aggravated kidnapping (K.S.A. Separate up to five addresses with commas (,). Defendant alleges the transcripts showed "the KBI's strong-arm manipulative tactics.". A witness who could be found to be the last person to see Walsh alive (other than his killer) testified he saw only one car leave the area where he had left Walsh and that vehicle was similar to defendant's car. Following the testimony of Bailey and following the testimony of Tomasic, the court admonished the jury that the testimony concerning the other crimes may be considered by the jury solely for the purpose of proving the defendant's identity and for no other purpose. 8.
The families of three of Mr. Smith's victims sued the Kansas Department of Corrections and the Kansas Adult Authority, which is the state's parole board. Charges of first-degree murder and aggravated battery are held to be multiplicitous where there is no evidence two aggravated batteries occurred, separated in time and/or place from each other, as, absent such evidence, the fatal aggravated battery is held to merge into the murder charge. 9. We conclude the trial court improperly enhanced defendant's sentence for unlawful possession of a firearm. Ballistics tests matched the bullets retrieved from the target practice tree with those that killed Mangus and Fisk.
The State counters that the inappropriate wording was the result of a clerical error and that the word "to" in the phrase "and to inflict bodily harm" should have been the word, "did." Where a similar offense is offered for the purpose of proving identity, the evidence should disclose sufficient facts and circumstances of the other offense to raise a reasonable inference that the defendant committed both of the offenses. Likewise, we have reviewed the record carefully and find sufficient evidence to support defendant's conviction of the murder of Tom Walsh. 2392 (1976), the United States Supreme Court examined the "materiality" requirement of Brady v. Maryland, 373 U.S. 83, and concluded: "A fair analysis of the holding in Brady indicates that implicit in the requirement of materiality is a concern that the suppressed evidence might have affected the outcome of the trial.". 1194 (1963), the United States Supreme Court held that "the suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or punishment. 21-3401), three counts of aggravated battery (K.S.A. 14.
They were each beaten and sodomized. 154805081, citing Highland Cemetery, Iola, Allen County, Kansas, USA ; Maintained by debilyn (contributor 47160033) . In other words, to show that the same person committed two offenses, it is not sufficient simply to show that the offenses were violations of the same or a similar statute. On appeal, we reversed, finding that where there is one victim, and two acts of violence — a beating and a shooting — occur at approximately the same time and place, the person who inflicts such injuries cannot be charged with both aggravated battery and attempted murder. Please re-enter recipient e-mail address(es). In a felony action, the indictment or information is the jurisdictional instrument upon which the accused stands trial. The bizarre facts may be summarized as follows. Defendant was subsequently indicted and arrested for a variety of crimes relative to the four victims. There is no showing that any request for additional time to explore this evidence was denied. Yorkie had provided the gun which he stated he had acquired from Roger Smith. In Dodd, the Court of Appeals held, at Syl. The following day the tow truck driver and friends continued their investigation of the area and found the body of Tom Walsh, an Iola resident who had been missing since late July. 75-5262. 0 with reviews - Be the first. Any separation herein would be based wholly on speculation.
¶ 3, 731 P.2d 294 (1987).
Some features of WorldCat will not be available. Although circumstantial, there was ample evidence to convict the defendant of the aggravated kidnapping of Adeline Fisk. Click here to remove this judgment from your profile. ¶ 1: See State v. Turbeville, 235 Kan. 993, 1005, 686 P.2d 138 (1984). INDICTMENT AND INFORMATION — Jurisdictional Instrument upon Which Accused Stands Trial in Felony Action. State v. Cathey, 241 Kan. at 718-19; State v. Garnes, 229 Kan. at 373.
CRIMINAL LAW — Exculpatory Evidence — Prosecutor under Duty to Disclose Exculpatory Evidence to Defendant — Failure to Disclose — When Reversible Error. Search for Library Items Search for Lists Search for Contacts Search for a Library. WorldCat Home About WorldCat Help. A conviction of even the gravest offense may be sustained by circumstantial evidence. Get 1 point on providing a valid sentiment to this McFARLAND, J.: Nathaniel J. Short identified defendant as being the kidnapper of himself and Mangus. The State relies on the blood found in and on Ms. Fisk's automobile to separate her injuries in time and place. The trial court is held not to have erred in the giving of PIK Crim.2d 52.20 on eyewitness identification without expansion of the factors to be considered. ", In United States v. Agurs, 427 U.S. 97, 104, 49 L.Ed.2d 342, 96 S.Ct. Officers photographed the vehicle and it was towed to a secure place. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 21-3414), four counts of aggravated kidnapping (K.S.A. In Kansas all crimes are statutory and the elements necessary to constitute a crime must be gathered wholly from the statute. Please enter recipient e-mail address(es). We conclude that the evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational fact-finder to find the defendant guilty beyond a reasonable doubt. Nathaniel J. Underwear and boots identified as belonging to Walsh were found a few feet from Fisk's body. To justify a reversal of a conviction for failure to disclose evidence, the evidence withheld by the prosecution must be clearly exculpatory and the withholding of the evidence must be clearly prejudicial to the defendant. Notorious four-time killer 'Yorkie' Smith dies in prison.. Home. Nathaniel J.
However, because the stabbing occurred contemporaneously with running over of the victim and leaving her to die, the aggravated battery by stabbing charge was multiplicitous with the charge of attempted murder. (Yorky) Smith, an Iola native who had spent most of his adult life in prison, would be convicted of the spree killings of three Iola-area residents. That victim had also been beaten and shot with a .22 caliber gun. The fact the omission may have been a clerical error in no way alters the situation before us. Ms. Fisk's car was discovered in an Iola car wash. 13. In a hearing on a K.S.A. ENHANCED SENTENCING FOR UNLAWFUL POSSESSION OF A FIREARM. 241 Kan. at 719. It is undisputed that the name of Ted Witchley, who had witnessed the fight, had been made available to defense counsel well prior to trial. If the beating and shooting of Ms. Fisk had been separated by time and/or place then both an aggravated battery and a murder could have occurred.
# Notorious four-time killer \'Yorkie\' Smith dies in prison. Bumstead investigated and found fifteen-year-old Gerald Short, who had been severely beaten.
For Iola, a farming community of 7,000 residents, fear was born the morning of Aug. 20. Under our previous holdings as set forth in State v. Jackson, 239 Kan. 463, there is no alternative but to reverse the Mangus aggravated kidnapping conviction. They contended that three months before the Iola assaults, Mr. Smith had been negligently paroled from the state penitentiary at Lansing, where he had been sent after an earlier murder conviction.
Defendant next contends the charge of aggravated kidnapping of Steven Mangus is fatally defective for failing to allege every essential element of the offense. Under our previous holdings as set forth in. SAME — Defective Information — Information Fatally Defective When Facts Alleged Do Not Constitute Criminal Offense within Meaning of Statute upon Which It Is Based. The aggravated kidnapping charge herein made no allegation bodily harm had been inflicted. denied 479 U.S. 846 (1986); State v. Hanks, 236 Kan. 524, Syl. TimesMachine is an exclusive benefit for home delivery and digital subscribers.
Interact directly with CaseMine users looking for advocates in your area of specialization. SAME — Defective Information — Conviction Void When Based on Insufficient Information. Other facts will be stated as necessary for discussion of particular issues. Gerald Short; Thomas Walsh; Stephen Magnus; Adline Fisk; Nathaniel Smith. 60-1507 motion, the district court found that the filing of an untimely notice of appeal constituted ineffective assistance of counsel and granted defendant the right to appeal under K.S.A. Mr. Clyde says the 59-year-old victim apparently had no survivors and was not included in the suit. In any event, defense counsel interviewed Witchley shortly before the trial commenced and heard his story.
Additionally, we find no duty of the prosecutor to search old convictions for psychiatric data in the possession of the Department of Corrections. The infliction of bodily harm upon the victim is an element of aggravated kidnapping. A fourth resident, Gerald Short, 15, was pistol-whipped. On appeal, we held that since the shooting and attempted murder were separate in time and place, they were not multiplicitous. Defendant was charged with and convicted of aggravated battery and attempted first-degree murder.
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