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State v. Deffebaugh | 89 P.3d 582 (Kan. 2004)
A defendant claims he wasn’t at a crime scene, sparking a debate about the term alibi in State versus Deffebaugh.
Police were concerned that occupants of a house were selling cocaine. An officer took down the serial numbers of some money and gave it to an informant who wasn’t familiar with the house or occupants. Then, police watched as the informant drove up to the house. Four men went up to the car. A man called Jimmie took the informant’s money and handed her cocaine. Police were too far away to identify the men but heard everything because the informant wore a wire. One officer recognized the voice of Calvin Shobe.
The informant picked Charles Deffebaugh from a photo lineup. Less than 24 hours later, Deffebaugh and about a dozen others were at the house gambling with dice, and police executed a warrant. When police asked who owned some cash, Deffebaugh stated it belonged to him. The informant had used one of these bills to pay for the cocaine, so Deffebaugh was charged with selling cocaine.
At trial, Deffebaugh tried to call Shobe as a witness to testify that Deffebaugh wasn’t present for the sale. The prosecution objected, citing a Kansas statute that required advanced notice of alibi evidence. The trial court didn’t allow Shobe’s testimony, and the jury convicted Deffebaugh. Deffebaugh appealed, and the court of appeals reversed. The prosecution appealed to the Kansas Supreme Court.
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