The murder conviction of a Franklin County man was in front of the Kansas Supreme Court this morning. John Balbirnie was found guilty in the death of Paul Nicholson in 2015. After the conviction Balbirnie filed a motion alleging ineffective counsel in 2015, but the District Court denied the motion. Balbirnie was challenging his conviction on the grounds his trial attorney did not provide adequate representation. The Court of Appeals found one error, not getting a 911 call admitted as evidence, but said he failed to show that it would have affected the outcome of the trial.
The Supreme Court listened to arguments as to whether the District Court and Court of Appeals erred in denying Balbirnie’s motion alleging ineffective assistance of counsel. A decision is expected by the end of this year.
