State v. Alvarado-Meraz

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,870 STATE OF KANSAS, Appellee, v. LUIS ALVARADO-MERAZ, Appellant. SYLLABUS BY THE COURT 1. Appellate courts apply abuse of discretion review to a district court's decision about whether to grant a motion for a new trial in the interest of justice under K.S.A. 22-3501(1). A party asserting an abuse of discretion bears the burden of showing the district judge's decision was (1) arbitrary, fanciful, or unreasonable; (2) based on an error of law; or (3) based on an error of fact. 2. A criminal defendant may have statutory and constitutional…