Representative Matters

March 20, 2019

State v. D.J. (Shawnee County District Court 2019)

Practice Area: Criminal Defense

Date: February 1, 2019

Outcome: Evidence Suppressed, Case Dismissed

Description: D.J. was stopped by officers for riding his bicycle on the wrong side of the road. After being stopped by officers, D.J. began yelling at officers and was arrested for interference with law enforcement. Methamphetamine was found on D.J.'s person following his arrest and he was facing a total of 60 months in prison for three charges. Nick filed a motion to suppress arguing that D.J. was illegally stopped, illegally arrested, and that police engaged in biased based policing. The district court agreed and granted Nick's motion resulting the dismissal of all charges.

 

State v. Bowers, 431 P.3d 11 (2018)

Practice Area: Appeal

Date: November 30, 2018

Outcome: Convictions Reversed on Appeal, Three Life Sentences Overturned

Description: Mr. Bowers was convicted at trial of three child sex offenses and was given three consecutive life sentences without the possibility of parole for 75 years. Nick represented Mr. Bowers on appeal and obtained reversal of all three convictions based upon the admission of improper expert testimony at Mr. Bowers' trial. Mr. Bowers was released from custody following Nick's successful appeal.

 

State v. R.A. (Shawnee County District Court 2017)

Practice Area: Criminal Defense

Date: November 20, 2017

Outcome: Evidence Suppressed, Case Dismissed

Description: Topeka Police Officers were following R.A. after they witnessed him leaving a known drug house. Eventually, the officers witnessed R.A. commit a traffic violation and the officers conducted a felony car stop. The officers claimed R.A. interfered with their duties and resisted arrest when he was stopped. Following R.A.'s arrest, the officers located methamphetamine in R.A.'s car and R.A. was charged with felony possession, and interference with law enforcement. Nick filed a motion to suppress and a motion to dismiss alleging the officers lacked probable cause to arrest R.A. Following a suppression hearing, the court agreed ultimately leading to the dismissal of all of R.A.'s charges.

 

State v. D.H. (Douglas County District Court 2017)

Practice Area: Criminal Defense

Date: July 31, 2017

Outcome: Evidence Suppressed, Case Dismissed

Description: D.H. was arrested on outstanding warrant with subsequent search revealing a large quantity of methamphetamine in his backpack. D.H. was charged with possession with intent to distribute methamphetamine within 1,000 feet of a school and was facing 144 months in prison. Nick obtained dismissal of this case following a motion to suppress..

 

State v. B.M. (Douglas County District Court 2017)

Practice Area: Criminal Defense / DUI and DWI

Date: Feb 14, 2017

Outcome: Not Guilty Verdict

Description: B.M. was charged with felony DUI after being stopped for nearly hitting a sheriff's deputy by driving within six inches of the deputy's stopped patrol vehicle. B.M. submitted to a breath test which revealed B.M.'s BAC was 0.088. Nick tried this case to a jury and B.M. was acquitted of DUI and acquitted of failing to yield to the deputy's patrol vehicle.

 

State v. Peoples No. 116,145 (2017)

Practice Area: Appeal

Date: Feb 06, 2017

Outcome: Summary Reversal of Defendant's Sentence on Appeal

Description: Nick represented Ms. Peoples on appeal where Nick successfully argued that the district court illegally sentenced Ms. Peoples. The Court of Appeals granted summary reversal of Ms. Peoples sentence and granted immediate re-sentencing.

 

State v. Roberts No. 116,189 (2017)

Practice Area: Criminal Defense & Appeal

Date: Feb 02, 2017

Outcome: Illegal Drugs Suppressed and Subsequent Appeal by the State was Dismissed 

Description: Nick obtained suppression of illegal drugs found following a car stop. Nick argued the police failed to follow the requisite procedure for conducting an inventory search and the district court suppressed the illegal drugs. The State filed an interlocutory appeal, which was dismissed by the Kansas Court of Appeals following a successful motion for involuntary dismissal.

 

State v. W.E. (Douglas County District Court 2017)

Practice Area: Criminal defense

Date: Jan 06, 2017

Outcome: Confession Suppressed - Favorable Plea Bargain Obtained

Description: W.E. was facing seven life sentences for multiple Jessica's Law allegations. Nick was appointed to represent W.E. after previous counsel waived W.E.'s preliminary hearing, and failed in an attempt to suppress W.E.'s full confession to detectives. Nick successfully obtained a preliminary hearing for W.E. and convinced the district court to reconsider suppression of W.E.'s confession. On Nick's motion to reconsider, the district court granted Nick's motion to suppress and W.E. subsequently received a favorable plea bargain.

 

State v. Horn, 386 P.3d 932 (2016)

Practice Area: Appeal

Date: Dec 30, 2016

Outcome: Case Remanded to District Court After Confession found Involuntary by Court of Appeals

Description: Mr. Horn was convicted at trial after his statements to police were admitted over his objection to their voluntariness. Nick appealed Mr. Horn's conviction and the Court of Appeals remanded holding the district court committed a series of interlocking errors at trial.

 

State v. Wilson, 367 P.3d 1284 (2016)

Practice Area: Appeal

Date: Mar 25, 2016

Outcome: All Charges Dismissed Following Appeal

Description: Nick represented Mr. Wilson both in the trial court and on appeal. Nick obtained suppression of illegal drugs and firearms found in Mr. Wilson's home. On appeal, the Court of Appeals upheld suppression and Mr. Wilson's case was subsequently dismissed.

 

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