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State v. Deffebaugh

Supreme Court of Kansas
89 P.3d 582 (2004)


Facts

Police officers used a confidential informant (CI) to try to purchase two rocks of cocaine at a house known for drug activity. The CI drove her vehicle to the target house and parked along the curb. Several men approached the car, and the CI purchased cocaine from a man she called Jimmie. Another man, Calvin Shobe, was also present. The CI did not know the other men. Subsequently, the CI picked Charles Deffebaugh, Jr. (defendant), out of a photo array as the man who sold the cocaine. Police officers executed a search warrant at Deffebaugh’s house, where they found 10 other men present, along with cash, cocaine, and guns. Deffebaugh claimed ownership of one of the bills used by the CI to purchase the drugs. The State of Kansas (plaintiff) charged Deffebaugh with one count of selling cocaine. At trial, Deffebaugh called Shobe to testify that Deffebaugh was not present at the drug sale with the CI. The prosecution objected, arguing that Deffebaugh failed to give notice of an alibi defense. The trial court prohibited Shobe’s testimony, and the jury convicted Deffebaugh. Deffebaugh appealed, and the court of appeals reversed. The Supreme Court of Kansas granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Gernon, J.)

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