State v. Ross

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,913 STATE OF KANSAS, Appellant, v. TERRY ALLAN ROSS, Appellee. SYLLABUS BY THE COURT 1. A court has no authority to consider affirmative defenses at a preliminary hearing. 2. Litigants do not need to present defenses at a preliminary hearing to preserve them for appeal. 3. K.S.A. 21-5109(d) does not prohibit a single conviction of a general crime when a more specific crime exists. 4. The Kansas Supreme Court reviews a Court of Appeals decision to direct a case to be reassigned to a different judge upon remand for an abuse of discretion.…