A pretrial hearing is slated for Wednesday afternoon in an aggravated battery case sent back to Lyon County District Court earlier this year.
Nicholas Faglie appealed his aggravated battery conviction after a fight at Charlie’s Place in January 2016, where he allegedly punched a man and knocked him out.
The Kansas Court of Appeals vacated part of Faglie’s sentence, saying a reasonable jury could have said Faglie was not the initial aggressor and did not use excessive force during the fight. The appellate court panel reversed the aggravated battery conviction and vacated the resulting sentence. It also sent the case back to district court for a new trial.
However, the court panel also said the district court was correct when it did not suppress Faglie’s initial comments to law enforcement as the investigation began, another of Faglie’s appeal points.
The hearing is at 3 pm in the Lyon County Courthouse.
