State v. Luft

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by the defendant, Howard R. Luft, from his conviction by a jury of aggravated vehicular homicide, contrary to K.S.A. 1990 Supp. 21-3405a.

Luft raises a number of issues concerning ineffective assistance of counsel. We need not reach those issues because State v. Kelly, 14 Kan. App. 2d 182, 786 P.2d 623 (1990), entitles the defendant to a new trial in this case.

Luft was arrested immediately following the one-vehicle accident that resulted in the death of Luft’s passenger. The State introduced the results of a blood…