- Associated Press - Sunday, November 27, 2016

TOPEKA, Kan. (AP) - A Kansas appellate court says a woman serving a 14-year sentence for a 2008 beating death can challenge her conviction on her claims that her trial attorney was ineffective.

A three-judge Kansas Court of Appeals panel sent Shanna Friday’s case back to Douglas County on Wednesday to allow her to argue that the trial court wrongly admitted an alleged taped confession by her into evidence, The Lawrence Journal-World (https://bit.ly/2gp6XXY) reported. Friday also insists her first court-appointed attorney failed to adequately challenge that confession.

Friday was convicted in 2008 of killing 62-year-old Jerry Lee Deshazer at his Lawrence home. Authorities said Deshazer died of blood loss after being beaten on the head with a bottle during an altercation.

The Kansas Supreme Court upheld her conviction in 2013. But the appeals court ruled that the trial court didn’t properly consider her motion to suppress the taped confession.

According to court records, a Lawrence police investigator brought her to Lawrence for what became a three-hour interrogation session that ended with Friday’s supposed confession.

In their opinion Wednesday, the appellate judges said that when the trial court held a hearing on a motion to suppress the tape, the court did not review the tape itself. The appellate panel also concluded the court did not fully consider whether the confession was voluntary.

The appeals court noted “the interrogating detective repeatedly swore and shouted at Friday, called her names, and questioned her truthfulness. None of these issues were raised by trial counsel at the suppression hearing.”


Information from: Lawrence (Kan.) Journal-World, https://www.ljworld.com

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