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STATE v. NELSON

No. 65,870

249 Kan. 689 (1991)

822 P.2d 53

STATE OF KANSAS, Appellant, v. BRYAN E. NELSON, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1991.

Attorney(s) appearing for the Case

Debra A. Vermillion, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellant.

J. Lawrence Louk, of Fox & Partee, of Prairie Village, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This first impression criminal case relates to a claim of outrageous police conduct rising to the level of a due process violation of the 5th Amendment. The trial court found the conduct of the police to be egregious, outrageous, and "entrapment per se" and dismissed the complaint.

The State appeals. Our jurisdiction is under K.S.A. 22-3602(b)(1).

Bryan E. Nelson was charged with possession...

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