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Privacy Rights
Alpha Medical Clinic v. Anderson,
280 Kan. 903, 128 P.3d 364 (2006). Successfully sought order from the Kansas
Supreme Court protecting the privacy rights of women in medical files by requiring
strict protective orders to be in place prior to requiring compliance with
the Attorney General’s subpoenas for patient files.
White collar crime/fraud
State of Kansas v.
Scott,
Case No. 99-83609-A (Kan. Ct. App. Aug. 25, 2000) (unpublished), appellate
court's affirmance of district court's dismissal of forgery charges as
barred by the statute of limitations.
United States v. Guidry,
Case No. 97-10162-MLB (D. Kan. June 17, 1998, unpublished), "not guilty" on 16 counts
of federal bank fraud and money laundering stemming from defendant's
embezzlement of $2.6 million from her employer; convicted on 3 counts of
false statements on tax returns
United States v. McIntosh,
124 F.3d 1330, 97 CJ C.A.R. 1845 (10th Cir. 1997), reversal of eleven out of
thirteen of defendant/attorney's convictions for federal bankruptcy fraud
and money laundering.
State of Kansas v. Trammell, Sedgwick County Case No.
92-67959-S, judgment of acquittal granted at close of prosecution's opening
statement, defendant acquitted of large scale white collar larceny charges;
State's appeal dismissed, 252 Kan. 961, 850 P.2d 249 (1993).
United States v. Farhat,
Case No. 87-10005-01 (D. Kan. 1987), jury verdict of "not guilty" of all
federal charges arising from alleged counterfeiting operation.
Drug Offenses
United States v. Ochoa
(local counsel), 4 F. Supp. 2d 1007 (D. Kan. 1998), federal drug case,
suppression of 222 lbs. of marijuana found in a vehicle after a traffic
stop.
United States v. Phillips
(local counsel), 1996 WL 432377 (D. Kan. 1996),
federal drug case,
suppression of 40 lbs. of
marijuana and 1 lb. of cocaine found in a vehicle during a traffic stop.
United States v. Lambert,
46 F.3d 1064 (10th Cir. 1995), federal appellate court's complete reversal
of defendant's convictions and ten-year sentence for possession with intent
to distribute large quantities of methamphetamine and cocaine, holding the
defendant's nervousness in airport coupled with quick exit did not establish
reasonable suspicion for defendant's detention.
United States v. Redd,
Case No. 95-10051-02-PFK (D. Kan.), "not guilty" of all federal charges
arising from alleged possession with intent to sell 2 lbs. of cocaine.
State of Kansas v. Anguiano,
Seward County Case No. 93 CR 246, jury verdict of "not guilty" of all
charges
arising from client's alleged conspiracy to possess with intent to sell 40
lbs. of marijuana.
United States v. Lacey,
et al., Case No. 89-10054-01- 05, (D. Kan. 1990), after a six week federal
trial, "not guilty" jury verdicts for the girlfriend of alleged drug kingpin
Rick Lacey in Kansas' then-largest cocaine seizure and conspiracy case.
United States v. Gerber,
1989 WL 115984 (D. Kan. 1989), federal drug case, motion to suppress was
sustained and an indoor marijuana growing operation suppressed because of
the officers' failure to wait a sufficient amount of time between
announcement and forced entry while executing a valid federal search
warrant.
State of Kansas v. Epperson, 237 Kan. 707, 703 P.2d 761
(1985), the Kansas Supreme Court's expansive discussion of search and
seizure jurisprudence and affirmance of the trial court's order suppressing
sale quantities of cocaine.
State of Kansas v. Davis and Davis,
8 Kan. App. 2d 39, 649 P.2d 409 (1982), complete reversal of husband and
wife's convictions for possession of 40 lbs. of marijuana with intent to
sell.
Sex offenses
State v. ______,
281 Kan. 392 (2006), Kansas Supreme Court's complete reversal of client's rape conviction
and 20 year sentence because of prosecutor's misconduct in defining the crime to the jury.
Client released from penitentiary.
State of Kansas v. Jonker,
Sedgwick County Case No. 02 CR 1409, December 6, 2002 jury verdict of "not
guilty" of four counts of aggravated indecent liberties with a child against
two alleged victims.
State of Kansas v. Stevenson,
Case No. 2000-84833-A (Kan. Ct. App. March 9, 2001) (unpublished), appellate
court's reversal of client's conviction of aggravated indecent liberties for
prosecutorial misconduct during closing argument.
State of Kansas v. Lane,
Case No. 2000-84667-A (Kan. Ct. App. July 21, 2000) (unpublished), appellate
court's complete reversal of client's convictions of rape and aggravated
indecent liberties based upon failure of prosecutor to elect amongst
multiple acts and court's failure to instruct on unanimity.
State of
Kansas v. Chappell,
26 Kan. App. 2d 275, 987 P.2d 1114 (1999), appellate court's complete
reversal of client's convictions of aggravated indecent liberties and
aggravated criminal sodomy based on the court and prosecutor's improper
comments regarding the child witness's ability to tell the truth.
State of Kansas v. Ralls,
Sumner County Case No. 99 CR 90, October
29, 1999 jury verdict of "not guilty"
of all charges of rape and aggravated indecent liberties with a child
against three alleged victims.
Violent crime
State of Kansas v. Richardson, Reno County Case No. 03
CR 6, January 22, 2004 jury verdict of “not guilty” of aggravated battery
and aggravated assault where client accused of using his Lexus to threaten
and run over the alleged victim in a nightclub parking lot.
State of Kansas v. Shanklin,
Sedgwick County Case No. 98 CR 108, July 23, 1998 jury verdict of "not guilty" of first
degree murder and all other charges arising from an alleged drive-by
shooting.
United States v. Hall,
20 F.3d 1084 (10th Cir. 1994), the federal appeals court affirmance of the
trial court's granting of defendant's pretrial motion to dismiss a charge of
using a firearm during a drug trafficking crime, based on insufficiency of
the evidence.
State of Kansas v. Mars,
Cowley County Case No. 92-CR212-A, jury verdict of "not guilty" of all
charges arising from alleged arson of client's residence.
State of Kansas v. Jackson,
238 Kan. 793, 714 P.2d 1368 (1986), persuading the Kansas Supreme Court
that, despite its repeated recent declarations to the contrary, the
"diminished capacity defense" exists in Kansas.
DUI
State of Kansas v. Burris,
Sedgwick County Case No. 00 TR 786 (June 6, 2000), jury verdict of "not guilty" on Driving
Under the Influence charges where driver with .143 intoxilyzer reading
accused of backing into State Trooper's vehicle during speeding stop on
Christmas Eve; driver convicted of speeding and no seat belt.
NOTABLE CASES OF JIM PRATT
State v. Wade, Kansas (Kan.
95,649, July 13, 2007) Kansas Supreme Court's reversal of client's First
Degree Murder Conviction and life sentence and ordering of a new trial due
to trial court's erroneous amendment of the charges to conform with the
defendant's testimony during trial. Supreme Court held this violated the
defendant's rights of due process and prohibited him from preparing and
presenting a defense.
State of Kansas v. Manbeck,
Allen County Case No. 01 CR 302, trial counsel for defendant charged with
Involuntary Manslaughter DUI. Argued the sentencing court could not enhance
defendant's sentence as the language of the statute required a finding that
the defendant was under the influence of alcohol and drugs at the time of
the offense, and defendant was only found to be under the influence of
alcohol or drugs at the time of the offense. Defendant's enhanced sentence
reversed by the Kansas Court of Appeals in 31 Kan. App. 2d 618 (2003). Court
of Appeals reversal affirmed by the Kansas Supreme Court in 277 Kan. 224
(2004).
State of Kansas v. Beaman,
Allen County Case No. 01 CR 19, jury verdict of not guilty of aggravated
assault with a firearm upon a law enforcement officer. Defendant's Motion to
Dismiss kidnapping charge for lack of probable cause sustained following
preliminary hearing.
State of Kansas v. Spellman,
Crawford County Case No. 99 CR 490 G, Motion to Suppress 2.65 grams of
methamphetamine granted based on deputies's illegal ruse entry into home.
Entry followed Sheriff's deputy allowing defendant to believe her children
had run away or been kidnapped, even though the deputy knew the children
were safe at the Sheriff s Department.
Olson v. City of Independence and Klars
Jewelers, Montgomery County Case No. 96 C 106, civil jury verdict of
no liability for Klars Jewelers following plaintiff's slip and fall in front
of jewelry store. Judgment affirmed by the Kansas Court of Appeals, Case No.
1999-80700 (Kan. Ct. App. August 6, 1999)(unpublished).
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