State supreme court to hear case from county
Staff writer
Kansas Supreme Court will hear an appeal next week stemming from a Marion County District Court ruling.
John C.T. Boese’s case is scheduled to be heard Oct. 29.
Boese was convicted June 24, 2022, of violating an order of protection from abuse issued April 9, 2021. He had sent messages to Candy Smith, who resided with the protected person, Michelle Miller.
He was sentenced Sept. 13, 2022, to a year’s probation and ordered to pay $263 and have no contact with Miller.
Lawyer Michael Whalen entered an appearance in the case Oct. 7, 2022, and filed for a review by the Court of Appeals.
Boese contended his conviction for violating an order of protection from abuse was not supported by sufficient evidence. He asserted that the county attorney Joel Ensey presented only evidence that he violated an order of protection from stalking, sexual assault, or human trafficking.
The Appellate Court ruled that Ensey failed to prove the crime of violating an order of protection from abuse and did not amend the complaint to conform to the evidence. It issued a memorandum decision Dec. 15, 2023, reversing Boese’s conviction for insufficient evidence.
On Nov. 27, 2024, the Supreme Court granted Ensey’s petition for review, vacated the Court of Appeals decision, and remanded the case for reconsideration.
The Court of Appeals ordered both sides to file supplemental briefs, then reaffirmed its prior decision reversing Boese’s conviction for insufficient evidence.
The issue to be reviewed by the Supreme Court next week is whether the district court’s finding of guilt on the uncharged crime of violating an order of protection from stalking, sexual assault, or human trafficking was a harmless error.