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
Key Terms:
Privacy
Latest Conference: 2024-10-11
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

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; 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 reavire 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 jn time, place, proof and character. \ Toe Court of Appeals erred by holding that Jurors in this case did not need clear dustructions on consent. Cunulative 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 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. . ; ‘Thank you for your consideration in this matter! 3 i q . Shawn Paul O'Brien . . #126181 : v . IN THE : SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF CERTIORARI . Petitioner respectfully prays that a writ of certiorari issue to review the judgment below. a OPINIONS BELOW , [ ] For cases from federal courts: The opinion of the United States court of appeals appears at

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
Shawn P. O'Brien — Petitioner