The Kansas Court of Appeals has affirmed a ruling in State v Barrett–a second degree murder case in Riley County District Court a couple of years ago. The Howard Barrett case has actually gotten recognition state-wide for mental health implications, with Barrett, 57, found guilty in November of 2014 of the reckless fatal stabbing of Thomas James, 48, of Clay Center in February of 2008. Barrett was sentenced to 123 months or more than 10 years, with the secretary of corrections.
The appeal for Barrett maintained the 6-year delay in bringing him to trial violated his constitutional right to a speedy trial; that the district court committed error in failing to suppress incriminating statements made after Miranda warnings were read to him; and that the district court committed error in failing to instruct the jury on the lesser included offense of imperfect self-defense voluntary manslaughter.
However the state court of appeals indicated “Finding no reversible error, we affirm Barrett’s conviction.”
The 30 page document recounts several aspects of the case. One judge, Karen ARNOLD-BURGER, dissented from her colleagues, saying she was unable to conclude, beyond a reasonable doubt, that the failure to give Howard Barrett’s requested instruction on the offense of voluntary manslaughter-imperfect self-defense was harmless error.
