State v. Evans

Arnold-Burger, J.:

I respectfully dissent from the majority’s reversal of the district court’s finding that the State failed to establish probable cause to believe that Dustin Alex Evans acted unlawfully. I would affirm District Judge Ryan’s well-reasoned opinion dismissing the charges against Evans based on statutory immunity.

Although we know from State v. Ultreras, 296 Kan. 828, 845, 295 P.3d 1020 (2013), that the State has the burden of production on questions of immunity under K.S.A. 2014 Supp. 21-5231, and that the standard of proof is probable cause, the Supreme Court has declined to…