State v. Dukes

No. 121,790 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, v. LEON A. DUKES JR., Appellee. SYLLABUS BY THE COURT 1. K.S.A. 2020 Supp. 21-5231(a) states that a person who is justified in the use of deadly force under K.S.A. 2020 Supp. 21-5222(b) and whose conduct meets other statutory requirements is immune from criminal prosecution and civil action for that act. 2. After a defendant in a criminal case files a motion requesting immunity under K.S.A. 2020 Supp. 21-5231, the State must come forward with evidence establishing probable cause that the defendant's use of…