The Kansas Supreme Court is scheduled to hear an appeal from a Geary County man at 9 a.m. Sept. 10.
Christopher Lyman, who was found guilty of the murder of his eight-month-old nephew Jonathan Swan in 2015, is appealing his conviction.
He was convicted of first-degree murder on the theory of felony murder, child abuse, and aggravated battery of his nephew, for which he received a life sentence.
Lyman was found not guilty of premediated murder, child abuse by torture, child abuse by cruel beating, and aggravated sodomy.
Lyman began watching Swan about nine months before the child’s death in September 2013.
According to his appeal, Swan had numerous medical problems before his uncle began watching him. After the jury convicted Lyman, he appealed his conviction.
The Supreme Court remanded the case to district court based on the possibility of exculpatory evidence on a motion for a new trial: that the prosecutor had witnessed an incident at a Walmart involving Swan around the time of Swan’s death. The district court denied the motion for new trial.
According to a past Junction City Union article concerning the case, Eighth Judicial District Court Judge Steven Hornbaker determined there was “more than sufficient evidence to convict Lyman.”
The case returned to the Supreme Court. Issues on appeal are whether the district court erred in denying Lyman’s motion for new trial without considering the merits of the motion; the district court erred in excluding Lyman’s medical expert; the district court erred in allowing the State to introduce evidence of Lyman’s prior bad acts; judicial misconduct of sleeping during the trial required a reversal; the district court erred in excluding medical records that were the subject of a written stipulation; and cumulative error denied Lyman a fair trial.