TOPEKA — Judicial panels with the Kansas Court of Appeals have taken different paths on separate drug-related convictions coming from cases in Lyon and Osage counties.
In the Lyon County case, Kansas v. Michael Hall, prosecutors charged Hall with five drug-related counts based on drug sales to a confidential informant. A jury convicted him on four, including distribution of methamphetamine within 1,000 feet of a school. Hall appealed, saying the trial court was at fault for not instructing the jury on entrapment law and the court also made a mistake by denying his motion for acquittal on a count of illegally using a communication facility.
The Court of Appeals panel disagreed, saying there is “little to no evidence” a reasonable jury could have found Hall was entrapped by law enforcement while evidence was clear that Hall knew the informant was in Lyon County when he texted her to finalize the drug sale.
The Osage County case, Kansas v. Eric Fox, developed after Fox was found guilty of violating probation for a meth possession conviction and had his probation revoked. Fox’s appeal said the court decision on revoking probation did not meet the state standard and the Court of Appeals agreed, saying Fox should have had a 120- or 180-day sanction as opposed to revocation.
The original ruling has been reversed. The case has been returned to Osage County District Court.
