Kansas Supreme Court Rule 226 - Kansas Rules of Professional Conduct 7.1(b) - states that a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:
(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;
(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the rules of professional conduct or other law; or
(c) compares the lawyer's services with other lawyer's services, unless the comparison can be factually substantiated.
It is important and necessary to emphasize that every case is different and these case results are samples of previous successes, but are not a guarantee or prediction as to any future case.
Violent Crime
State of Kansas v. Shields Charge: Attempted 1st Degree Murder. Jury Trial result: NOT GUILTY.
State of Kansas v. Cook Charge: Felony Battery on a Correctional Officer. Preliminary Hearing result: CASE DISMISSED.
State of Kansas v. Beal Charge: Aggravated Assault. Jury Trial result: NOT GUILTY.
State of Kansas v. Trussell Charges: Aiding and Abetting Murder in the 1st Degree and Conspiracy to Commit 1st Degree Murder. Jury Trial result: DEADLOCKED. Conflict of interest in retrial when court grants State's motion for revised witness list which includes past client.
State of Kansas v. Cheeks Charges: Aggravated Battery, Criminal Threat, Domestic Battery, Criminal Restraint. Preliminary Hearing result: CASE DISMISSED.
State of Kansas v. Freeman Charge: Criminal Threat. Preliminary Hearing result: DISMISSED.
State of Kansas v. Smith Charge: Animal Cruelty felony. Preliminary Hearing result: DISMISSED.
City of Lawrence v. Croft Charge: Battery. CASE DISMISSED.
City of Topeka v. Venable Charge: Animal Cruelty. CASE DISMISSED.
State of Kansas v. Cook Charges: Bribery of a Law Enforcement Officer and Disorderly Conduct. Deal: plea to Class B Misdemeanor. No reporting probation, no fine.
State of Kansas v. Gray Charge: Aggravated Battery. Jury Trial result: NOT GUILTY.
State of Kansas v. Munoz Charge: Aggravated Battery. Jury Trial result: NOT GUILTY.
State of Kansas v. Davis Charge: Aggravated Battery. Preliminary Hearing result: CASE DISMISSED.
State of Kansas v. Galloway Charges: Conspiracy to Commit Aggravated Robbery and Attempted Aggravated Robbery. Preliminary Hearing result: CASE DISMISSED.
Domestic Crime
State of Kansas v. Davis Charges: Domestic Battery and Criminal Damaged to Property. Jury Trial result: NOT GUILTY. Domestic Battery.
State of Kansas v. Doe Charge: Domestic Battery. Court Trial result: NOT GUILTY.
State of Kansas v. Webber Charge: Domestic Battery. CASE DISMISSED day of Jury Trial.
State of Kansas v. Johnson Charges: Domestic Battery and Criminal Damage to Property. CASE DISMISSED.
D.H. v. S.M. Petitioner (17 year police veteran) files Protection from Abuse (PFA) on behalf of 3 year old child against Respondent. Court orders Default Judgment and PFA. Respondent hires John Kerns. Default judgment set aside. Evidence presented to determine PFA motion on the merits. Court rules for Client. Case DISMISSED.
Sex Offenses
State of Kansas v. Hutson Charge: Rape. CASE DISMISSED due to DNA test results exonerating the accused after Probable Cause finding at Preliminary Hearing.
State of Kansas v. Penn Charge: Rape and Aggravated Sodomy. Mistrial based on prosecutor's failure to turn over Brady material.
State of Kansas v. Mills Charge: Aggravated Indecent Liberties with a Child. Jury Trial result: Hung Jury 10 Guilty, 2 Not Guilty. Retrial result: NOT GUILTY.
State of Kansas v. K.A. Charge: Rape. Motion to Suppress illegal interrogation sustained. CASE DISMISSED.
State of Kansas v. Espino Charge: Attempted Rape. Negotiated Plea: Amended to misdemeanor with no probation, time served.
State of Kansas v. Haydon Charges: Four counts of Aggravated Incest and One count Indecent Liberties with a Child. 1st Jury Trial: GUILTY of four counts of Aggravated Incest. Motion for new trial SUSTAINED. Jury Retrial result: NOT GUILTY ALL COUNTS.
Drug Offenses
State of Kansas v. Shepard Charge: Possession of Cocaine. Motion to suppress illegal search result: SUSTAINED. CASE DISMISSED.
State of Kansas v. Young Charges: Felony Possession of Marijuana with Intent to Distribute, Felony Possession of Paraphernailia, and Felony Tax Stamp Violation. Deal: No Contest plea to Misdemeanors. No jail time.
State of Kansas v. Beason Charges: Possession of Ecstasy with Intent to Distribute, Possession of Marijuana with Intent to Distribute, and Possession of Drug Paraphernailia. Defendant had 4 prior drug convictions. Deal: amended to Misdemeanors. Defendant allowed to relocate to Las Vegas with no supervised probation.
City of Olathe v. Pokorney Charges: Possession of Marijuana and Possession of Paraphernalia. Motion to suppress illegal search result: SUSTAINED. CASE DISMISSED.
State of Kansas v. McCoy Charges: 1st case: Possession of Cocaine with the Intent to Distribute. 2nd case: Possession of Cocaine with the Intent to Distribute. Deal: each case amended to Misdemeanor Possession of Simulated Substance, cases concurrent with probation.
State of Kansas. v. Wilson Charge: Possession of Crack Cocaine. Motion to Suppress illegal stop overruled. Appealed. Reversed and remanded. CASE DISMISSED.
Property Crimes
State of Kansas v. Shepard Charge: Felony Theft. Motion to Dismiss based on Statute of Limitations. Motion SUSTAINED. CASE DISMISSED.
State of Kansas v. Dralle Charge: Felony Theft. CASE DISMISSED.
State of Kansas v. Watson Charges: 3 Counts of Burglary, Conspiracy to Commit Burglary, 3 counts of Theft. CASE DISMISSED.
White Collar Crimes
State of Kansas v. Rand Charges: Securities Fraud, Acting as Agent While Not Registered, and Offering to Sell a Security Not Registered, PRESUMPTIVE PRISON felonies. Deal: case amended to one count of Securities Fraud with probation and agreement not to pursue exact charges in another county.
DUI
State of Kansas v. Daniels Charge: Felony Driving Under the Influence. Jury Trial result: NOT GUILTY.
State of Kansas v. Wolfmule Charge: Felony Driving While Intoxicated. Jury Trial result: CASE DISMISSED by the Court after presentation of State's case.
State of Kansas v. Bavel Charge: Driving Under the Influence. Case DISMISSED. Subsequent Administrative Hearing result: CASE DISMISSED with no license suspension.
State of Kansas v. Elmer Charge: Driving Under the Influence and Driving on Wrong Side of Roadway. CASE DISMISSED after Trial Setting due to improper certification of Intoxilyzer 8000.
These case results are samples our previous successes, but are not a guarantee or prediction as to any future case.
Contact Criminal Defense Attorney John W. Kerns
For a free initial consultation with the Kerns Law Office, call (785) 371-4159 or send us an e-mail.
