State v. Phillips

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,075 STATE OF KANSAS, Appellee, v. MICHAEL L. PHILLIPS, Appellant. SYLLABUS BY THE COURT 1. When ruling on a defendant's motion for justified-use-of-force immunity under K.S.A. 2019 Supp. 21-5231, the district court must consider the totality of the circumstances, weigh the evidence before it without deference to the State, and decide whether the State has carried its burden to show probable cause that defendant's use of force was not statutorily justified. 2. To decide whether the State has met its burden to show probable cause under K.S.A.…