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CITY OF LIBERAL v. WITHERSPOON

No. 85,441.

28 Kan. App.2d 649 (2001)

20 P.3d 727

CITY OF LIBERAL, KANSAS, APPELLANT, v. LATASHA WITHERSPOON, Appellee.

Court of Appeals of Kansas.

Opinion filed February 23, 2001.

Attorney(s) appearing for the Case

Kevin D. Weakley, of Sharp, McQueen, McKinley, Dreiling & Tate, P.A., of Liberal, for appellant.

Peter G. Olson, of Brooks, Allen & Olson, of Liberal, for appellee.

Before RULON, C.J., ELLIOTT, J., and WAHL, S.J.

RULON, C. J.:

Appealing a question reserved, the City of Liberal challenges the district court's refusal to permit testimony about the defendant's statements made during the municipal court trial, when the defendant invoked her Fifth Amendment privilege against self-incrimination during the de novo trial on appeal to the district court. We reverse.

On appeal to the district court, the court would not consider certain testimony from a police officer regarding...

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