In re Wrongful Conviction of Arita

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 129,102 In the Matter of the Wrongful Conviction of JOSUE ARITA. SYLLABUS BY THE COURT 1. K.S.A. 60-5004(c)(1)(C)'s phrase "crimes or crimes" is ambiguous when applied to alternative means crimes. 2. A claimant must show by a preponderance of evidence that their conviction was reversed or vacated because they are factually or actually innocent of a crime, not just a particular alternative means of that crime, to receive compensation under K.S.A. 60- 5004. Appeal from Wyandotte District Court; WILLIAM P. MAHONEY, judge. Submitted without oral…