Kansas Supreme Court upholds district court decision

The Kansas Supreme Court today affirmed a Wyandotte County District Court conviction of Mark T. Salary, who was found guilty of first-degree premeditated murder and arson.

A jury convicted Salary of shooting and killing his uncle, Joe Estell, and setting fire to Estell’s home.

In an earlier appeal, the court vacated Salary’s hard-50 sentence and remanded it for resentencing. The prosecution then sought a hard-25 sentence.

Salary filed several motions to appeal. He challenged the court’s denial of his motion to dismiss, alleged ineffective assistance of trial and appellate counsel, challenged the denial of his motion for exculpatory evidence, and alleged he was denied allocution at resentencing.

Today the Supreme Court unanimously ruled the district court did not err, and affirmed Salary’s convictions and sentences.

The decision is online at
http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190329/116406.pdf .