Legal Opinion

State v. Smith

Court of Appeals of Kansas

Decided July 24, 2009No. 99,655PublishedCited by 3 opinions

1Opinion of the Court

Green, J.:

The issue before this court is whether the trial court abused its discretion in refusing to appoint Charles Smith new counsel. Based on the lone assertion of Smith’s attorney who refused to present potentially relevant defense evidence on Smith’s behalf because he believed that a suspect shown in a crime surveillance video was Smith, the trial court developed a general rule covering all attorneys who could have represented Smith, thus committing the logical fallacy known as a hasty generalization. Just because Smith’s attorney believed that the suspect shown in a crime video was the…

2Cases cited3 opinions

  1. State v. BryantSupreme Court of Kansas · 2008
  2. State v. GrahamSupreme Court of Kansas · 1990
  3. State v. McCormickCourt of Appeals of Kansas · 2007

3Cited by3 opinions

  1. State v. SmithSupreme Court of Kansas · 2011
  2. Trevizo v. El Gaucho SteakhouseCourt of Appeals of Kansas · 2011
  3. State v. SmithCourt of Appeals of Kansas · 2009

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