Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
State of Kansas v. Joseph C. Esher
Date: 11-15-2024
Case Number:
Judge: Laura Johnson-McNish
Court: District Court, Brown County, Kansas
Plaintiff's Attorney: Brown County, Kansas District Attorney's Office
Defendant's Attorney: Click Here For The Best Hiawatha Criminal Defense Lawyer Directory
Description:
Esher was convicted in 2001 of two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat. Another panel of this court reversed Esher's criminal threat conviction on direct appeal, holding that it was clearly erroneous for the district court to fail to give a unanimity instruction because "the jury could have found three possible threats" and "it is impossible to determine if defendant obtained a unanimous verdict." 2003 WL 22005897, at *6. The panel remanded for a new trial on the criminal threat charge and affirmed the remaining convictions. 2003 WL 22005897, at *8. The mandate issued on November 14, 2003. The State moved to dismiss the criminal threat count on remand. The district court dismissed it without prejudice on February 3, 2005.
Esher v. State, 127,100 (Kan. App. Nov 15, 2024)
Hiawatha, Kansas criminal defense lawyer represented the Defendant charged with two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat.
Esher was convicted in 2001 of two counts of rape and one count each of aggravated criminal sodomy, aggravated kidnapping, kidnapping, and criminal threat. Another panel of this court reversed Esher's criminal threat conviction on direct appeal, holding that it was clearly erroneous for the district court to fail to give a unanimity instruction because "the jury could have found three possible threats" and "it is impossible to determine if defendant obtained a unanimous verdict." 2003 WL 22005897, at *6. The panel remanded for a new trial on the criminal threat charge and affirmed the remaining convictions. 2003 WL 22005897, at *8. The mandate issued on November 14, 2003. The State moved to dismiss the criminal threat count on remand. The district court dismissed it without prejudice on February 3, 2005.
Esher v. State, 127,100 (Kan. App. Nov 15, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Kansas v. Joseph C. Esher?
The outcome was: Affirmed
Which court heard State of Kansas v. Joseph C. Esher?
This case was heard in District Court, Brown County, Kansas, KS. The presiding judge was Laura Johnson-McNish.
Who were the attorneys in State of Kansas v. Joseph C. Esher?
Plaintiff's attorney: Brown County, Kansas District Attorney's Office. Defendant's attorney: Click Here For The Best Hiawatha Criminal Defense Lawyer Directory.
When was State of Kansas v. Joseph C. Esher decided?
This case was decided on November 15, 2024.