State v. Hardy

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 110,982 STATE OF KANSAS, Appellant, v. MARLON T. HARDY, Appellee. SYLLABUS BY THE COURT 1. Upon a motion for immunity pursuant to K.S.A. 2016 Supp. 21-5231, the district court must consider the totality of the circumstances, weigh the evidence before it without deference to the State, and determine whether the State has carried its burden to establish probable cause that the defendant's use of force was not statutorily justified. 2. The court's determination of probable cause must be premised on stipulated facts or evidence, on evidence received…