State v. Nunez

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,284 STATE OF KANSAS, Appellee, v. CASIMIRO NUNEZ, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 2020 Supp. 21-5231 creates a true immunity that prevents the State from criminally prosecuting individuals who are statutorily justified in their use of force. 2. To effectuate immunity under K.S.A. 2020 Supp. 21-5231, district courts must perform a gatekeeping function and insulate these qualifying cases from continued prosecution and trial. A defendant invokes the district court's gatekeeping function by filing a motion under the statute, which…