“Somebody has to stand when other people are sitting. Somebody has to speak when other people are quiet.”
–Bryan Stevenson, attorney activist–
As a child, my father taught me to balance respect for the rule of law with a healthy mistrust of its application by the government on its people. My first professional opportunity to put that lesson into practice came during my second year in law school at the University of Kansas when, as both a student and then a student adviser of the Kansas Defender Project (now the KU Innocence Project), I defended people without financial means by appealing unjust convictions. Since then, guided by my father’s advice, I have pursued justice, respecting the law by speaking boldly for clients.
As a defense attorney, I have represented people accused of crimes at both the trial and appellate levels in federal, state, and municipal courts throughout Kansas, as well as in various federal and state district courts outside the State. I have successfully defended people accused of homicide, embezzlement, money laundering, bank robbery, narcotics distribution and possession, firearms offenses, sex offenses, aggravated assault and battery, and driving under the influence of alcohol. I have been named “Wichita Lawyer of the Year” three times by Best Lawyers in America – first in 2017 for Criminal Defense: General Practice; then in 2019 for Criminal Defense: White Collar; and next in 2022 for DUI / DWI Defense.
But for me, the most satisfying aspect of my legal career is the connection I have made with those I strive to help and the many thanks I have received from them and their loved ones for my efforts. People come to us in the darkest moments of their lives. They are looking for someone to shield them, to stand up for them, to help them. Their trust in me motivates me, and their gratitude makes each challenge worthwhile. The reality is this: governments are not infallible. The legal system can be oppressive, unfair, wrong. I stand for my clients, with my clients, putting the system and its participants to the test for the sake of every client I represent.
State v. Marcus Shanklin, 98 CR 108 – Sedgwick County, Kansas, District Court (1998): 1st degree, premeditated murder; aggravated assault; aggravated battery; criminal discharge at an occupied vehicle – 2 weeks – acquitted all counts.
State v. Darrell D. Chappell, 26 Kan. App. 2d 275 (Kan. Ct. App. 1999) – Kansas Court of Appeals: convictions for aggravated criminal sodomy conviction and aggravated indecent liberties with a child overturned on appeal and case remanded to Reno County District Court for new trial.
United States v. Rodney Jones, 6:01-10004 – Federal District Court, District of Kansas (2001): felon in possession of ammunition – approximately 3 days – trial court found client not guilty of being a felon in possession of ammunition, overturning jury’s guilty verdict (involvement – wrote motion for judgment of acquittal notwithstanding the verdict and reply to government response).
State v. Samuel Holton, 09 CR 3560 – Sedgwick County, Kansas, District Court (2011): two counts of 1st degree, premeditated murder; aggravated robbery; Mr. Holton’s statements, the alleged murder weapon, and other evidence suppressed (thrown out) after successful defense motion to suppress evidence and statements litigated.
State v. Mark H. Ralstin, 09 CR 43 – Kiowa County, Kansas, District Court (2011): 1st degree, premeditated murder – 1 week – acquitted of 1st degree premeditated murder; convicted of lesser included offense of 2nd degree intentional.
State v. Jodie Mosier, 12 CR 468 – Reno County, Kansas, District Court (2014): rape; aggravated sexual battery; breach of privacy – 4 days – court dismissed breach of privacy allegation prior to jury trial on defendant’s motion; acquitted of rape and lesser included of attempted rape; convicted of aggravated sexual battery.
State v. Darrin D. Hirsh, 14 CR 263 – Barton County, Kansas, District Court (2015): aggravated assault; two counts criminal threat; domestic battery (misdemeanor); two counts violation of protective order; two counts intimidation of witness (misdemeanors) – 6 days – State dismissed Count 6, violation of protective order at close of State’s case-in-chief; jury acquitted of remaining count of violation of protective order and two counts of witness intimidation; convicted of aggravated assault, two counts criminal threat, and one count domestic battery; conviction for aggravated assault overturned on appeal.
State v. J. Doe, GE-2020-87-FE – Geary County, Kansas, District Court (2020): allegations of possession of marijuana with intent to distribute, a drug severity level 2, nonperson felony (450g.-30 Kg), and no drug tax stamp dismissed by State on eve of hearing on Mr. Doe’s motion to suppress evidence.
State v. Dzung Ninh, 17 CR 3023 – Sedgwick County District Court (2020): aggravated indecent liberties with a child, off-grid offense (Count 1); four counts rape (Count 2-4 & 7); two counts aggravated criminal sodomy (Counts 5 & 6) – 1 week – jury acquitted Mr. Ninh on Count 7, rape; convicted on remaining six counts.
United States v. Shane McMillin, 5:19-cr-40040-TC – Federal District Court, District of Kansas (2022): possession of a firearm by a prohibited person; possession of a stolen firearm – allegations amended to one misdemeanor count, possession of a controlled substance; Mr. McMillin sentenced to time served with no supervised release to follow and immediately released from custody and further obligation to the Court; Indictment and Superseding Indictment dismissed.
EDUCATION
University of Kansas – J.D., 1995
University of Kansas – B.A. 1992 ; Graduated with Distinction and Honors; Phi Beta Kappa
National Criminal Defense College – 2002
BAR ADMISSIONS
Kansas –
U.S. District Court, District of Kansas –
10th Circuit Federal court of Appeals –
United States Supreme Court –
Oklahoma – Pending