State v. Dumars

Rulon, C.J.:

The State appeals the district court’s refusal to permit retrial on defendant Wendy DuMars’ drug-related offenses after this court reversed the defendant’s convictions on the basis of cumulative trial error and remanded the case for new trial in State v. DuMars, 33 Kan. App. 2d 735, 108 P.3d 448, rev. denied 280 Kan. 986 (2005) (DuMars I). The State contends the district court disregarded this court’s mandate and that double jeopardy did not bar retrial of the defendant. The defendant responds that prosecution for the drug offenses is moot and the district court properly dismissed…