Top Kansas court rejects tougher rule in self-defense cases

Kansas Supreme Court (KSN photo)

TOPEKA, Kan. (AP) – The Kansas Supreme Court has ruled in favor of two men who were charged with aggravated battery but said they were acting in self-defense in stabbing or shooting others.

The high court’s ruling Friday rejected a tougher rule for determining when someone can avoid prosecution under the state’s 2006 “Stand Your Ground” law.

The Kansas Court of Appeals had ruled in each case that when someone seeks to avoid prosecution on self-defense grounds, a trial-court judge must view evidence in the light most favorable for the prosecution in deciding whether a case goes to trial.

The Supreme Court said the judge must weigh evidence impartially.

Marlon T. Hardy was charged after a 2013 shooting in Wichita. Dustin Alex Evans also was charged in 2013 after a stabbing in Overland Park.