A conviction on drug charges in Lyon County District Court has the backing of the Kansas Court of Appeals.
The appellate court ruling in the case against Xavier Hutcherson follows a bench trial and resulting conviction on drug counts, namely possession of both marijuana and methamphetamine with intent to distribute, as well as felony charges of battery against and interference with law enforcement. Hutcherson’s initial conviction on interference with law enforcement was reversed and later sentenced as a misdemeanor, and at that time he filed a motion alleging ineffectiveness of counsel. The request was denied.
The Court of Appeals says Hutcherson voluntarily moved forward with certain aspects of the case, including the bench trial, and Hutcherson also failed to show his attorneys offered “deficient representation” which would have prejudiced his rights and affected the outcome of his trial. On top of that, Hutcherson did not raise what’s called a waiver of his right to confrontation for a KBI analysis on drugs allegedly seized from Hutcherson at any point during the bench trial.
