TOPEKA, Kan. (AP) — The Kansas Court of Appeals has overturned an Emporia man’s drug convictions and faulted a prosecutor for “flagrant” errors.
The Topeka Capital-Journal reports that three judges agreed Friday with defense arguments that there was a lack of evidence to convict Matthew Judd of three drug charges. He was acquitted of two charges, including the most serious. He’ll also receive a new trial in Lyon County on the third charge.
The charges stem from a 2013 search of his mobile home. The judges found that the presence of drugs in a common area isn’t sufficient evidence to convict all occupants in a home of possession.
The judges also said that an assistant county attorney wrongly suggested to jurors that the owner of a house is responsible for the drugs inside.
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