State v. Lutz

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 117,496 STATE OF KANSAS, Appellee, v. BRIAN JOSHUA LUTZ, Appellant. SYLLABUS BY THE COURT 1. Appellate courts employ a two-part process when reviewing a district court's decision on a motion to suppress evidence. The district court's factual findings are reviewed to determine if they are supported by substantial competent evidence while the legal conclusions drawn from the factual findings are reviewed using a de novo standard. 2. Deference in appellate review is not to a particular witness but to the fact finder who weighed and evaluated the…