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HANEY v. HAMILTON

No. 62,091

13 Kan. App. 2d 269 (1989)

768 P.2d 832

KENNETH HANEY, Appellee, v. JOAN HAMILTON, KANSAS PAROLE BOARD, KANSAS DEPARTMENT OF CORRECTIONS, STATE OF KANSAS, ROGER WERHOLZ, and STEVE DECHANT, Appellants.

Court of Appeals of Kansas.

Opinion filed February 10, 1989.

Attorney(s) appearing for the Case

John K. Bork, assistant attorney general, for appellants.

Jim Lawing, of Wichita, for appellee.

Before REES, P.J., ELLIOTT, J., and PAUL D. HANDY, District Judge, assigned.

Petition for review denied 244 Kan. 737.

HANDY, J.:

The State of Kansas has appealed the trial court's decision reversing the Kansas Parole Board (the Board) and directing that Kenneth Haney be placed on parole. The facts surrounding Haney's conviction on two Class B felonies for second-degree murder, K.S.A. 21-3402, his concurrent ten years to life sentences, and his initial parole board hearing are essentially not in dispute.

The thrust of this case...

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