Carl Folsom III recently won his client’s appeal in State v. Magallanez, Appellate Case No. 99,694 (Kan. July 16, 2010), obtaining a new trial in three different Lyon County sex offense prosecutions. In the three cases, Mr. Magallanez had been convicted of over 50 offenses, including convictions for rape, aggravated indecent liberties, and aggravated criminal sodomy. As a result of the convictions, the trial court had sentenced Mr. Magallanez to life in prison pursuant to “Jessica’s Law,” plus another 75 years in prison. Mr. Folsom did not represent Mr. Magallanez for his trial, but he was the attorney for the direct appeal to the Kansas Supreme Court.
In the appellate brief, Mr. Folsom raised 15 different claims of error. The Kansas Supreme Court held that five of the errors warranted a new trial:
This court has recognized often that the federal and state constitutions do not guarantee a perfect trial, but they do guarantee a fair one, even when the defendant stands accused of unspeakably horrendous crimes. This case is one of the rare ones in which cumulative error dictates reversal of the defendant’s convictions and remand for further proceedings, because it is our view Magallanez did not get a fair trial and the evidence was not so overwhelming as to overcome the error. The five errors that, viewed collectively, substantially prejudiced Magallanez and denied him a fair trial were: prosecutorial misconduct, the overbreadth of the trial court’s shotgun limiting instruction under K.S.A. 60-455, the redaction of J.P.’s letter to Magallanez, lack of jurisdiction to convict on aggravated indecent liberties as to S.S., and the inclusion of the “burden on both sides” language in the Allen-type instruction.
In the published opinion, the Kansas Supreme Court reversed every one of Mr. Magallanez’s convictions in the three cases, as well as the accompanying sentences. Based on number of convictions reversed, it was one of the largest reversals in the history of the State of Kansas. Here is coverage from the Emporia Gazette.
At Bell Folsom, P.A., our attorneys are experienced in handling difficult cases, whether it be at trial or on appeal. In sex offense cases, specifically, our attorneys have secured dismissals before charges were even filed, have won outright acquittals at trial, and have reversed convictions on appeal. If you are have been charged with a sex crime, or if you have already been convicted, contact Bell Folsom, P.A. as soon as possible to see how we can start helping you.