Attorney James Robert Pratt's Legal Cases

Criminal defense

United States v. Hall, Case Number 08-10208-MLB, F.Supp.2d _, 2010 U.S. Dist. LEXIS 131466(D. Kan. 2010)

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OUTCOME: Dismissal of Charges by Court

Complete dismissal of mail fraud, wire fraud, money laundering and other charges on vagueness grounds. Case involved complex allegations of fraud, involvin Kansas cigarette distributors selling cigaret ... tes to tribal retailers in the state of Oklahoma. Prosecutors claimed cigarette tax losses of $ 25 million, and “gross proceeds” of $ 110 million. Government appeal dismissed following review by the Department of Justice and the United States Solicitor General.

Criminal defense

United States v. Diaz, Case Number 08-10100-01 MLB (D. Kan. August 1, 2008)

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OUTCOME: Dismissal of Charges Following Successful Motion to Suppress

Federal drug case resulting from an I-70 car stop in Thomas County, Kansas, involving 1 pound of 98% pure methamphetamine. Case dismissed following successful Motion to Suppress.

Criminal defense

United States v. Dang, Case Number 06-10212-JTM (D. Kan. September 19, 2006)

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OUTCOME: Dismissal of Charges

Federal drug case resulting from an I-70 car stop in Ellis County, Kansas, involving 1.8 pounds of methamphetamine and 11 pounds of cocaine. Case dismissed following vigorous pre-trial motion practice. ...

Appeals

State of Kansas v. Rexroat, (99,432, Kan. Ct. App. November 21, 2008) (unpublished)

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OUTCOME:

Appellate Court affirmed district court’s dismissal of charges based on the impermissible stacking in inchoate offenses (i.e. a defendant cannot be charged with an “Attempted” Indecent Solicitation of ... a Child).

Appeals

State of Kansas v. Wade, Kansas (Kan. 95,649, July 13, 2007)

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OUTCOME: Conviction Reverse and Remanded for New Trial

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 clie ... nt's testimony during trial. Supreme Court held this violated the client's rights of due process and prohibited him from preparing and presenting a defense.

Criminal defense

State of Kansas v. Manbeck, Allen County Case No. 01 CR 302

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OUTCOME:

trial counsel for client charged with Involuntary Manslaughter DUI. Argued the sentencing court could not enhance client's sentence as the language of the statute required a finding that the client was ... under the influence of alcohol and drugs at the time of the offense, and client was only found to be under the influence of alcohol or drugs at the time of the offense. Client'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)

Criminal defense

State of Kansas v. Beaman, Allen County Case No. 01 CR 19

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OUTCOME: Acquittal

jury verdict of not guilty of aggravated assault with a firearm upon a law enforcement officer. Client's Motion to Dismiss kidnapping charge for lack of probable cause sustained following preliminary h ... earing.

Criminal defense

State of Kansas v. Spellman, Crawford County Case No. 99 CR 490 G

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OUTCOME: Dismissal of Charges Following Successful Motion to Suppress

Successful Motion to Suppress 2.65 grams of methamphetamine based on deputy's illegal “ruse” entry into home. Entry followed Sheriff's deputy allowing client to believe her children had run away or bee ... n kidnapped, even though the deputy knew the children were safe at the Sheriff's Department.

Lawsuits and disputes

Olson v. City of Independence and Klars Jewelers, Montgomery County Case No. 96 C 106

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OUTCOME:

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)

James Robert Pratt's Legal Cases (9)

United States v. Hall, Case Number 08-10208-MLB, F.Supp.2d _, 2010 U.S. Dist. LEXIS 131466(D. Kan. 2010)

United States v. Diaz, Case Number 08-10100-01 MLB (D. Kan. August 1, 2008)

United States v. Dang, Case Number 06-10212-JTM (D. Kan. September 19, 2006)

State of Kansas v. Rexroat, (99,432, Kan. Ct. App. November 21, 2008) (unpublished)

State of Kansas v. Wade, Kansas (Kan. 95,649, July 13, 2007)

State of Kansas v. Manbeck, Allen County Case No. 01 CR 302

State of Kansas v. Beaman, Allen County Case No. 01 CR 19

State of Kansas v. Spellman, Crawford County Case No. 99 CR 490 G

Olson v. City of Independence and Klars Jewelers, Montgomery County Case No. 96 C 106