The following case summaries are provided by Stacey L. Schlimmer. For complete case opinions visit kansascourts.org. All cases are individual and in no way do these cases reflect every case.
The defendant’s convictions for rape and aggravated criminal sodomy were reversed and remanded when defendant’s trial attorney did not seek a continuance to gather evidence that would allow him to rebut the victim’s statements that he had a scar on his penis. The Court held that the Court of Appeals and district court improperly assessed the victim’s credibility and weighed the probative value of the scar evidence. Under the test set forth in Strickland v. Washington, 466 U.S., 467 U.S. 1267, 104 S.Ct. 3562 (1984). adopted in Kansas in Chamberlain v. State, 236 Kan. 650 (1985), the Court held that trial counsel’s performance was ineffective and counsel’s deficient performance prejudiced the defense and deprived the defendant of a fair trial.