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NEWBERRY v. BEFORT

No. 85,904.

28 Kan. App.2d 807 (2001)

20 P.3d 1281

JUSTIN LEE NEWBERRY, Appellant, v. RICHARD DEAN BEFORT, District Magistrate Judge, Position 2, of the 30th Judicial District of Kansas, Appellee.

Court of Appeals of Kansas.

Opinion filed April 6, 2001.

Attorney(s) appearing for the Case

Stephen M. Joseph, of Joseph & Hollander, of Wichita, for appellant.

M.J. Willoughby, Scott B. Poor, assistant attorneys general, and Carla J. Stovall, attorney general, for appellee.

Before GREEN, P.J., BEIER, J., and DAVID PRAGER, Chief Justice Retired, assigned.

GREEN, J.:

Justin Lee Newberry appeals the denial of his petition for writs of habeas corpus and quo warranto. On appeal, Newberry argues that the trial court erred in denying his petition because the lay district magistrate judge who issued his arrest warrant is not a qualified judge. We disagree and affirm.

On May 26, 2000, the Harper County Attorney filed a criminal complaint charging Newberry with involuntary manslaughter while driving under the influence...

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