Supreme Court of Kansas· 7/18/1997

State v. Mathenia

Citations

942 P.2d 624
262 Kan. 890
1997 Kan. LEXIS 135

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“Noriega s argument that an accomplice instruction was required fails as there was no testimony that either [witness] acted as [an accomplice] in the murder, aggravated burglaiy, or aggravated robbery charged.”
\[W]e interpret K.S.A. 22-3402 as not applicable when a defendant is held in jail for any reason other than the subject criminal charge.\
“K.S.A. 22-3402[2] refers only to defendants ‘charged with a crime and held to answer on an appearance bond.’ [Citations omitted.] Mathenia was not held on an appearance bond; therefore, K.S.A. 22-3402[2] does not apply.”
“Noriega’s argument that an accomplice instruction was required fails as there was no testimony that either [witness] acted as [an accomplice] in the murder, aggravated burglary, or aggravated robbery charged.”
23-month delay between arrest and trial was not prejudicial in case in which 12 multiple inmates attacked prison guards; at least 30 inmates were considered viable suspects in the attacks; and indictments were returned against 12 inmates
23-month delay not prejudicial where case was exceedingly complex

Source: CourtListener parenthetical corpus (CC0).

Judges: Six

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23 cases in this archive cite this case; the 20 most cited are listed.

Cites

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