Kansas High Court orders funds mistakenly taken from convicted murderer be returned

Brian Bailey
Brian Bailey(KDOC)
Published: Jul. 30, 2021 at 11:49 AM CDT
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TOPEKA, Kan. (WIBW) - The Kansas Supreme Court has ordered that any funds held by a district court from a clerical mistake that led to a wrongful restitution payment by a convicted murderer be returned.

The Kansas Supreme Court says in the matter of Appeal No. 122,597: State of Kansas v. Brian C. Bailey, Bailey is serving a life sentence for felony murder for the death of a gas station employee in 1989 during a string of armed robberies. In a prior appeal, it said he argued that he was improperly paying restitution.

According to the Court, a clerical error could have led to the mistaken restitution collection and remanded the case to the Johnson Co. District Court. It said the district court found a clerical error did cause the restitution to be collected, ordered the system be corrected and ordered the return of then held by the court.

The Court said, however, the district court refused to order the return of the funds distributed to third parties. It said it affirmed the district court because Bailey waived or abandoned any argument about funds distributed to third parties when he failed to cite any pertinent authority to support such action or explain why his position was sound despite a lack of supporting authority.

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