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STATE v. KIMBERLIN

No. 81,435.

26 Kan. App.2d 28 (1999)

977 P.2d 276

STATE OF KANSAS, Appellant, v. CHRISTOPHER J. KIMBERLIN, Appellee.

Court of Appeals of Kansas.

Opinion filed March 12, 1999.

Attorney(s) appearing for the Case

Vernon E. Buck, assistant county attorney, Joe E. Lee, county attorney, and Carla J. Stovall, attorney general, for the appellant.

W. Irving Shaw, of Emporia, for the appellee.

Before BRAZIL, C.J., LEWIS, J., and ROGG, S.J.

LEWIS, J.:

This is an interlocutory appeal by the State of Kansas from an order of the trial court granting defendant's motion to suppress evidence seized from his home.

On the date in question, at about 1:00 in the morning, Melanie Nielson called for the police to respond to her residence. Melanie lived in a home with defendant and apparently had been a resident of that home for some time. At times, defendant...

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