State v. Ventris, 94,002.
Citation | 285 Kan. 595,176 P.3d 920 |
Decision Date | 01 February 2008 |
Docket Number | No. 94,002.,94,002. |
Parties | STATE of Kansas, Appellee, v. Donnie Ray VENTRIS, Appellant. |
Court | United States State Supreme Court of Kansas |
Matthew J. Edge, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.
Linda E. DeWitt, special counsel, of Phalen, Bicknell & Markle Law Offices, of Coffeyville, argued the cause, and F. William Cullins, county attorney, and Phill Kline, attorney general, were with her on the brief for appellee.
Donnie Ventris petitioned this court to re: view the Court of Appeals' decision affirming his convictions for aggravated robbery and aggravated burglary. Ventris asserts that the district court improperly admitted impeachment testimony from a jailhouse informant who had been surreptitiously planted in his jail cell by the State; that the district court improperly admitted evidence in violation of K.S.A. 60-455; and that his sentence should be reversed because the determination of his criminal history was not proven to a jury beyond a reasonable doubt.
The following facts are taken from the Court of Appeals' decision:
Slip op at 3-8, State v. Ventris, No. 94,002, unpublished opinion filed September 15, 2006, 142 P.3d 338, 2006 WL 2661161, **1-3.
The Court of Appeals affirmed Ventris' convictions and sentences. Ventris, slip op. at 17, 2006 WL 2661161, *7. Ventris petitioned this court to review the Court of Appeals' decision, and we granted his petition.
For his first issue, Ventris claims that the district court erroneously admitted testimony from his former cellmate, who had been surreptitiously placed in Ventris' jail cell to obtain incriminating statements. Ventris claims that his former cellmate's testimony violated his Sixth Amendment right to counsel.
When an appellate court reviews the District court's decision regarding the suppression of evidence, it gives deference to the trial court's factual findings...
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State v. Jones
...it can be declared beyond a reasonable doubt to have had little, if any, likelihood of changing the trial's outcome. State v. Ventris, 285 Kan. 595, 608, 176 P.3d 920 (2008). Our own independent review of the record convinces us beyond a reasonable doubt that the denial of Jones' right to s......
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Kansas v. Ventris
...e.g.,Oregon v. Hass, 420 U.S. 714, 723, 95 S.Ct. 1215, 43 L.Ed.2d 570 .No distinction here alters that balance. Pp. 1846 – 1847. 285 Kan. 595, 176 P.3d 920, reversed and remanded. SCALIA, J., delivered the opinion of the Court, in which ROBERTS, C.J., and KENNEDY, SOUTER, THOMAS, BREYER, an......
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Ventris v. Kansas, 11-3013-SAC
...But the Kansas Supreme Court reversed, holding that the use of the informant's testimony for any reason was unconstitutional. State v. Ventris, 285 Kan. 595 (2008). The United States Supreme Court ultimately held that the use of the informant's testimony for purposes of impeachment was prop......
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Boydston v. Schnurr
...to clean up debris around the light pursuant to a work directive on June 14, 2012. Any error was harmless. See State v. Ventris, 285 Kan. 595, 608, 176 P.3d 920 (2008), rev'd on other grounds Kansas v. Ventris, 556 U.S. 586, 129 S.Ct. 1841, 173 L.Ed.2d 801 (2009). The question before us whe......
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"REMARKABLE INFLUENCE": THE UNEXPECTED IMPORTANCE OF JUSTICE SCALIA'S DECEPTIVELY UNANIMOUS AND CONTESTED MAJORITY OPINIONS.
...See, e.g., Oregon v. Hass, 420 U.S. 714, 723, 95 S. Ct. 1215, 43 L. Ed. 2d 570. No distinction here alters that balance. Pp. 593-594. 285 Kan. 595, 176 P. 3d 920, reversed and JUDGES: Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Souter, Thomas, Breyer......
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Appellate Decisions
...violation of right to counsel in trial court's admission for impeachment purposes of incriminating statements by jailhouse informant. 285 Kan. 595 (2008). U.S. Supreme Court reversed and remanded. __ U.S. __, 173 L. Ed. 2d 801, 129 S. Ct. 1841 (2009). On remand, judgment reversing Ventris' ......