A man found guilty of murder in Franklin County in 2011 will have his case heard before the Kansas Supreme Court next Thursday. John Balbirnie was found guilty in the death of Paul Nicholson.
In 2015, Balbirnie filed a motion pursuant allegin ineffective assistance of counsel. The district court conducted an extensive evidentiary hearing but denied the motion. On appeal, Balbirnie challenged his conviction on the ground his trial counsel provided inadequate representation. The court of appeals stated Balbirnie’s attorney made one significant error by failing to get admitted into evidence a recording of a 911 call to police.
The witness who called the police said her fiance stabbed Nicholson. The court of appeals stated that would have been important evidence to present to the jury but held Balbirnie failed to show a reasonable probability the trial outcome would have been different and thus there was no prejudice. The issue on review is whether the district court and court of appeals erred in denying Balbirnie’s motion alleging ineffective assistance of counsel.
