Supreme Court Decision that permits retained counsel to pursue funding for services such as investigative expert or other services for an adequate defense so as long as the defendant is financially un...able.
Criminal defense
State vs. Justin P. Gonzalez
Feb 05, 2016
OUTCOME: Mistrial
A strong defense strategy prepared by Attorney Sarah G. Swain compelled the jury to be split right down the middle, in the case of Justin P. Gonzalez, accused of involuntary manslaughter of a war veter...an. The judge declared it a mistrial.
Criminal defense
State vs. Kyler Carriker
Jul 30, 2015
OUTCOME: Not Guilty
Kansas’ felony murder law allows prosecutors to bring murder charges against a person implicated in but not directly responsible for a killing that occurs during the execution of a felony crime.
“We h...ave said from the beginning that Kyler Carriker was not a murderer,” Swain said. “He should not have been charged with felony murder. He was in the wrong place at the wrong time.
A Sedgwick County jury found Kyler Carriker not guilty of felony first-degree murder in the 2013 shooting death of Ronald Betts.
Criminal defense
State V. Robert Contreras
May 31, 2013
OUTCOME: Dismissed
Kansas' famous "Magic Mike" case.
It was the kind of smoking gun that a prosecutor might drool over. But it was in the hands of the defense.
Two girls said they were sexually molested by Robert ...Contreras on separate occasions last year – one in August and one in September. Each said she was molested on a couch in his Haysville home after watching the R-rated movie “Magic Mike.”
Contreras was arrested, jailed on $500,000 bond and faced a potential life prison sentence under Jessica’s Law as he prepared to stand trial on June 10. His lawyer, Sarah Swain of Lawrence, said if there was a smoking gun in the case, it was the movie.
“A simple Google search will show that it wasn’t released on DVD until Oct. 23, 2012,” she said.
District Attorney Marc Bennett later issued a prepared statement about the case. “Like all cases, the office of the district attorney has a continuing obligation to review and investigate cases even after charges are filed,” he said. “Information recently came to light in this matter that required the dismissal in this case without prejudice.
Read more on https://www.kansas.com/news/local/crime/article1116506.html