State v. Kula

Edwin Kula was convicted by a jury of the first degree murder of Jerry Carlson and the use of a weapon to commit a felony. The district court for Platte County sentenced Kula to life in prison for murder and to a mandatory consecutive term of 6% to 20 years’ imprisonment for the use of a weapon to commit a felony.

Because of the State’s repeated prejudicial discovery violations, we determine that the district court erred in failing to grant Kula’s motion for a continuance prior to opening statements and his motion for new trial following the verdict. As a result, we reverse, and remand for a…