No. 24-5292

Shawn Paul O'Brien v. Kansas

Lower Court: Kansas
Docketed: 2024-08-09
Status: Denied
Type: IFP
IFP
Tags: appellate-review criminal-procedure evidence-admissibility jury-instructions prosecutorial-misconduct sexual-offense
Latest Conference: 2024-10-11
Question Presented (from Petition)

For the Supreme Court of the United States to Correct these errors from the
Court of Appeals of the State of Kansas and any error found from any other
Court involved with District Court Case #20CR116 and Appellate Court Case #21-124524-A.

The Court of Appeals failed to require independent evidence to support findings of
improper touching and intent to arouse or satisfy sexual desires.

The Court of Appeals erred by upholding the district court's denial of severance of
charges that were completely unrelated in time, place, proof and character.

The Court of Appeals erred by holding that Jurors in this case did not need clear
instructions on consent.

Cumulative error deprived Mr. O'Brien of a fair trial.

Testimony provided by Matt Freed on Evidence related to the relationship between
J.Y's mother and Mr. O'Brien would have provided an explanation of why J.Y.made
up allegations about Mr. O'Brien. The Court of Appeals erred by finding such evidence
was irrelevant.

The Court of Appeals erred by holding that failure to properly {limitevidence non- ;
witness statements admitted for purposes other than to prove the truth of the matter
asserted.

The district court improperly admitted unredacted photographs of text message'
conversations that included inadmissible hearsay statements.

The prosecutor erred during closing argument by stating bis personal opinion regarding
the defense in this case.

Question Presented (AI Summary)

Whether the Kansas Court of Appeals improperly upheld a conviction without requiring independent evidence of intent and improperly excluded exculpatory testimony

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2024)

Attorneys

Shawn P. O'Brien
Shawn P. O'Brien — Petitioner