McCRACKEN v. KOHL

No. 98,607.

191 P.3d 313 (2008)

Gary Lloyd McCRACKEN, Appellant, v. Frank KOHL, Leavenworth County Attorney, Appellee.

Supreme Court of Kansas.

September 5, 2008.


Attorney(s) appearing for the Case

Rhonda Keylon Levinson, of Levinson & Levinson, PA, of Basehor, argued the cause and was on the brief for the appellant.

Frank E. Kohl, county attorney, argued the cause, and Paul J. Morrison, attorney general, was with him on the brief for the appellee.


The opinion of the court was delivered by JOHNSON, J.:

Gary Lloyd McCracken appeals the district court's dismissal of his petition for a writ of habeas corpus in which he sought immunity from prosecution for multiple counts of aggravated battery based upon the self-defense provisions of K.S.A. 21-3219. The district court found that McCracken had failed to meet his burden of proving his entitlement to the statutory immunity. On appeal, McCracken argues the sufficiency...

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