TOPEKA, Kan. (WIBW) -- Lawyers for a convicted killer who died in the state's El Dorado prison are appealing his conviction.
Roger Hollister was sentenced to life in prison without the possibility of parole in the death of Patricia Kimmi.
He died March 20, 2013, but the Capital Appellate Defender believes the appeal is still viable. The office states the district court erred by refusing to instruct the jury on second-degree murder as the defense requested. The appeal also states the court offered the jury instruction on capital murder that supposedly eliminated an essential element of the crime and it alleges misconduct by prosecutors.
The Kansas Supreme Court hears the case Friday.