Bench Trial Objection

Bench Trial Objection

At a bench trial defendant Michael Kelly was convicted of possession of cocaine and marijuana.  State v. Kelly, 285 P.3d 1026, 1027 (Kan. 2012).  Before his bench trial, an evidentiary hearing was held where the judge denied a motion to suppress drug evidence.  Id.  Kelly, wishing to appeal the earlier denial of his motion to suppress argued that he did not need to object during his bench trial to keep his appeal for the evidentiary hearing.  Id. 

The Supreme Court of Kansas held that defendant Kelly “timely interposed an object to the admission of evidence by filing a pretrial motion to suppress illegally obtained evidence.”  Id. at 1030. Thus, the court remanded the case back to the appellate court to determine whether the district judged erred when denying Kelly’s motion to suppress. Id.

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