(DOWNLOAD) "Carpenter v. State" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Carpenter v. State
- Author : Supreme Court of Kansas
- Release Date : January 25, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by The state appeals from the granting of petitioner's motion
under K.S.A. 60-1507. In vacating and setting aside the judgment
and sentence the trial court found petitioner had been denied his
constitutional right to effective assistance of counsel and
ordered a new trial. The facts which form the basis for petitioner's original
conviction of second-degree murder are set out in this court's
opinion in State v. Carpenter, 215 Kan. 573, 527 P.2d 1333.
Petitioner was charged with the murder of Willis Upshaw. The
state's evidence showed that petitioner and his brother owned and
operated a security agency. Upshaw, an employee of the agency,
was insured by the brothers and they had him killed in order to
collect the insurance proceeds. The murder was carried out by
another employee, Donald Brenner. After pleading guilty to
second-degree murder Brenner testified for the state and told how
he, petitioner, and petitioner's brother had planned the murder.
Petitioner defended on the theory that he was not involved in the
murder.
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