State v. Turley

Larson, J.:

Marvin E. Turley appeals his jury conviction for one count of aggravated battery in violation of K.S.A. 21-3414, contending he was denied his Sixth Amendment rights to a fair and impartial jury and to confront witnesses when a member of the jury did not disclose during voir dire that he knew both Turley and one of the witnesses, Penny Rummel. Turley also contends the trial court erred during sentencing by ruling K.S.A. 1991 Supp. 21-4618(3) was not applicable to his situation.

Turley and Rick Nott fought in September of 1990, at which time Nott stated he would get Turley every time…