Attorney Nicholas David's Legal Cases

Criminal defense

State v. J.C. (Jackson County District Court 2018)

Jun 12, 2018

OUTCOME: Criminal Case Dismissed / Driver's License Suspension Reversed Following Trial

Early on a spring morning, employees at the Prairie Band Casino reported a potentially intoxicated driver leaving the casino to police. Police located the vehicle following the tip from the casino. Off ... icers quickly learned that J.C. was the driver and initiated a DUI investigation ultimately leading to J.C.'s arrest. After his arrest, J.C. was asked to submit to a breath test but refused all testing resulting in a 1 year suspension of his drivers license. After retaining Nick, a motion to suppress was filed in J.C.'s criminal case which prompted the county attorney to dismiss all charges. Nick also appealed the suspension of J.C.'s drivers license first to the Kansas Department of Revenue and later to the Jackson County District Court. At trial in district court, the judge agreed that the officer unlawfully arrested J.C. and ordered that J.C.'s drivers license be returned immediately.

Criminal defense

State v. B.U. (Shawnee County District Court 2018)

May 11, 2018

OUTCOME: Case Dismissed

B.U. was charged with domestic battery after the police were called following an argument which became physical. B.U.'s children told police B.U. started the fight and B.U. was arrested when the police ... arrived. After reviewing the evidence in B.U.'s case, Nick filed a motion to dismiss requesting immunity by virtue of self-defense. Upon consideration of Nick's motion, B.U.'s case was dismissed by the district attorney.

Criminal defense

State v. R.A. (Shawnee County District Court 2017)

Nov 20, 2017

OUTCOME: Case Dismissed

Topeka Police Officers were following R.A. after they witnessed him leaving a known drug house. Eventually, the officers witnessed R.A. commit a traffic violation and the officers conducted a felony ca ... r stop. The officers claimed R.A. interfered with their duties and resisted arrest when he was stopped. Following R.A.'s arrest, the officers located methamphetamine in R.A.'s car and R.A. was charged with felony possession, and interference with law enforcement. Nick filed a motion to suppress and a motion to dismiss alleging the officers lacked probable cause to arrest R.A. Following a suppression hearing, the court agreed ultimately leading to the dismissal of all of R.A.'s charges.

Criminal defense

State v. D.H. (Douglas County District Court 2017)

Jul 31, 2017

OUTCOME: Case Dismissed

D.H. was arrested on outstanding warrant with subsequent search revealing a large quantity of methamphetamine in his backpack. D.H. was charged with possession with intent to distribute methamphetamine ... within 1,000 feet of a school and was facing 144 months in prison. Mr. David obtained dismissal of this case following a motion to suppress.

DUI and DWI

State v. B.M. (Douglas County District Court 2017)

Feb 14, 2017

OUTCOME: Jury Trial - Not Guilty Verdict

B.M. was charged with felony DUI after being stopped for nearly hitting a sheriff's deputy by driving within six inches of the deputy's stopped patrol vehicle. B.M. submitted to a breath test which rev ... ealed B.M.'s BAC was 0.088. Mr. David tried this case to a jury and B.M. was acquitted of DUI and acquitted of failing to yield to the deputy's patrol vehicle.

Appeals

State v. Peoples No. 116,145 (2017)

Feb 06, 2017

OUTCOME: Summary Reversal of Defendant's Sentence on Appeal

Mr. David represented Ms. Peoples on appeal where Mr. David successfully argued that the district court illegally sentenced Ms. Peoples. The Court of Appeals granted summary reversal of Ms. Peoples sen ... tence and granted immediate re-sentencing.

Appeals

State v. Roberts No. 116,189 (2017)

Feb 02, 2017

OUTCOME: Illegal Drugs Suppressed and Subsequent Appeal by the State was Dismissed after Motion by Mr. David

Mr. David obtained suppression of illegal drugs found following a car stop. Mr. David argued the police failed to follow the requisite procedure for conducting an inventory search and the district cour ... t suppressed the illegal drugs. The State filed an interlocutory appeal, which was dismissed by the Kansas Court of Appeals following a successful motion for involuntary dismissal by Mr. David.

Criminal defense

State v. W.E. (Douglas County District Court 2017)

Jan 06, 2017

OUTCOME: Confession Suppressed - Favorable Plea Bargain Obtained

W.E. was facing seven life sentences for multiple Jessica's Law allegations. Mr. David was appointed to represent W.E. after previous counsel waived W.E.'s preliminary hearing, and failed in an attempt ... to suppress W.E.'s full confession to detectives. Mr. David successfully obtained a preliminary hearing for W.E. and convinced the district court to reconsider suppression of W.E.'s confession. On Mr. David's motion to reconsider, the district court granted Mr. David's motion to suppress and W.E. subsequently received a favorable plea bargain.

Appeals

State v. Horn, 386 P.3d 932 (2016)

Dec 30, 2016

OUTCOME: Case Remanded to District Court After Confession found Involuntary by Court of Appeals

Mr. Horn was convicted at trial after his statements to police were admitted over his objection to their voluntariness. Mr. David appealed Mr. Horn's conviction and the Court of Appeals remanded holdin ... g the district court committed a series of interlocking errors at trial.

Appeals

State v. Wilson, 367 P.3d 1284 (2016)

Mar 25, 2016

OUTCOME: All Charges Dismissed Following Appeal

Mr. David represented Mr. Wilson both in the trial court and on appeal. Mr. David obtained suppression of illegal drugs and firearms found in Mr. Wilson's home. On appeal, the Court of Appeals upheld s ... uppression and Mr. Wilson's case was subsequently dismissed.

Nicholas David's Legal Cases (24)

State v. J.C. (Jackson County District Court 2018)

State v. B.U. (Shawnee County District Court 2018)

State v. R.A. (Shawnee County District Court 2017)

State v. D.H. (Douglas County District Court 2017)

State v. B.M. (Douglas County District Court 2017)

State v. Peoples No. 116,145 (2017)

State v. Roberts No. 116,189 (2017)

State v. W.E. (Douglas County District Court 2017)

State v. Horn, 386 P.3d 932 (2016)

State v. Wilson, 367 P.3d 1284 (2016)