State appeals Carriker sentence, fails to notify Carriker

Kyler Carriker, the man who was charged with and tried for first-degree felony murder by the Sedgwick County District Attorney’s Office for telling a person where to buy marijuana is once again fighting for his freedom. A jury found Carriker not guilty on the murder charge, but did convict him of the related drug offense associated with the case, which was attempted distribution of a controlled substance – marijuana.

On September 25, 2015, Kyler was sentenced by District Court Judge Terry Pullman to 62 months in prison, but the judge granted a downward departure from the sentencing guidelines and was placed on probation, after serving 60 days in jail. By all accounts, since that time, Carriker has complied with the terms of his probation, to the letter, and is doing quite well for himself, selling cars at a reputable dealership in Wichita. In fact, I, as the author of this post, actually purchased my vehicle from Carriker, just last month.

However, two days ago, when Carriker reported to his probation officer, as scheduled, the probation officer informed him that the Sedgwick County District Attorney’s Office was appealing his sentence, and that the DA’s intention is to force Kyler to serve the 62 month underlying sentence. Upon learning of this appeal for the first time, Kyler and his mother, former Gubernatorial candidate Jennifer Winn, released this video statement on Facebook.

While Carriker has only just learned that the State is appealing his sentence this week, the Notice of Appeal was actually filed on October 1, 2015, just six days after Carriker was sentenced. On that day, October 1, 2015, records show that the Notice of Appeal was mailed to Carriker’s trial attorney, Sarah Swain. However, at that time, Swain was no longer Carriker’s attorney, and Swain did not inform Carriker that his sentence was being appealed by the State.

Records also show that Swain informed Judge Pullman, the Criminal Clerk of the District Court, and Appellate Defender’s Office, via fax, on September 25, 2015, that she was no longer Carriker’s attorney, that she would not be defending Carriker in the appeals process, and that she was withdrawing as interested party. This same notice was also mailed to Judge Pullman, the Office of the Appellate Defender, and to the Office of the District Attorney of Sedgwick County Kansas.

These court records show that the District Attorney’s Office sent Notice of Appeal to an attorney, Swain, who had already withdrawn from Carriker’s case. While one can reasonably assume that this was an honest mistake, it does not change the fact that Carriker was not informed of the appeal against him until nearly five months after it was initially filed, which has greatly reduced his ability to effectively defend himself in this process.

13 thoughts on “State appeals Carriker sentence, fails to notify Carriker

  1. He are not an Employee of that State, And needs to challenge the jurisdiction of the Court on this fact Alone.

  2. First of all attempted to tell is only hear say. Did they actually see him tell a person where to buy the pot from. Hear say is irrelevant!!! Case DISMISSED PERIOD!!! These people in Kansas just don’t stop messing with people’s lives even after cases are over. He was ordered Probation so why in the hell would they appeal it??? What’s up with that??? To all concerned take a good look where your living. There are better States to live in. Nobody deserves this kind of bullshit!!!

    1. I live in Wichita and believe me the . System is old west days. The police, the jail system, some judges, the detective division is horrible, and the DA’s office is one of the worst compared to states back east…I hope this man gets left alone…. this case is confusing for its stupidity on the Sedgwick county DA’ s office.

  3. The courts need to get there crap together it is not his fault the lawyer should have contacted him any ways I have heard of that happening a lot I think the lawyer should get in trouble because at the time all of it was going on she was his lawyer she should have contacted him or the courts one or how does people even no leave message write a letter or something

  4. Most of my family live in kansas, as did I. After nearly 2 decades dealing with kansas’ “justice” system, for child support, traffic citations and minor offenses, I refuse to go back. The whole system is a joke. From the boots on the street to the robes in court room. Its a system designed to generate revenue and any relation to justice is so far removed it becomes laughable. I am still being tied up in the court system for traffic issues, even though i haven’t lived in kansas since 2010… Get out while you still can!!!

  5. This make me laugh so what if someone told someone to go eat at a restaurant and they die of food poison would that make u the killer or the resonance for the death because u told them that’s were they could have a good burger or what if u told someone to go get a car from this car lot and they get in it and the brakes go out does that make u the killer cause you told them were to get a car come on first off if they went there by their choose then u can’t blame the person that told them Noone ever in their right mind would tell someone to go somewhere if they them self would know that person will die from it so I guess what it’s saying is u can’t tell people were to get a good burger or ask for anything cause if they die u can be charged so if a law officer or a judge or a teacher or anyone for that matter tell u were to get some help and u die because u went there they should be reliable for ur death I’m sorry someone lost their life but Noone made him go their best of luck to you and ur family .

  6. This angers me so, it shows the vindictive nature of this court, these prosecutors and a system that allows , even encourages this behavior.
    I’m sure they broke the laws of notification and the appeal should be dismissed.

  7. The facts of this case are simply sad…. a loss of life BECAUSE of the states support of the old racist laws on prohibition and the ” pious prohibitionist profiteers” who support the racist laws that represent the Kansas position on cannabis .
    There is no sin or vice with cannabis use OTHER than the continued support of prohibition by those elected officials who now use this law as a tool of oppression upon the citizens they govern .

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