The Kansas Court of Appeals affirmed decisions in two local cases Friday–one in a Riley County indecent liberties case, and another in a Pottawatomie County domestic violence case.
The Riley County Court decision involves an indecent liberties with a child case from 2012 which resulted in John Elmer Goodpasture Jr. being sentenced to life in prison. Goodpasture was convicted of 21 counts of sexual offenses which included rape and aggravated indecent liberties with a child.
Goodpasture appealed the sentence, maintaining the trial court erred in denying his request to expand the bill of particulars, with generalities allegedly listed in some of the offenses listed. He also alleged the trial court erred in denying his motion for new trial because the State withheld certain evidence, while also admitting prior sexual misconduct evidence.
The matter was reviewed during a Court of Appeals visit to the K-State Campus in mid-September. Judge David Stuzman presided in the case locally, with the state represented by County Attorney Barry Wilkerson, Deputy County Attorney Bethany Fields, and Assistant County Attorney Kendra Lewison.
A Pottawatomie County Court case before the Kansas Court of Appeals has also been affirmed by the higher court. The case is the State of Kansas versus Gary Neil Gordon Sr. and involves a domestic violence case from 2013.
Judge Jeffrey Elder presided and County Attorney Sherri Schuck was the local prosecutor involved. Gordon had entered a no contest plea to aggravated battery and after the district court accepted the plea, the State requested the court apply the domestic violence designation. Gordon objected, and ended up appealing that designation.
However the Court of appeals in its opinion released Friday indicated the district court did not violate Gordon’s rights when it designated his crime a domestic violence offense and that the the district court was not required to submit Gordon’s criminal history to a jury prior to the sentencing.
