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STATE v. MONCLA

No. 86,322.

273 Kan. 856 (2002)

46 P.3d 1162

STATE OF KANSAS, Appellee, v. DAVID A. MONCLA, Appellant.

Supreme Court of Kansas.

Opinion filed May 31, 2002.

Attorney(s) appearing for the Case

Darla J. Lilley, of Lawrence, argued the cause and was on the brief for appellant.

David A. Moncla, appellant, was on a supplemental brief pro se.

Debra S. Peterson, assistant district attorney, argued the cause, and Lesley A. Isherwood, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is David A. Moncla's third appeal from his conviction of first-degree murder, K.S.A. 21-3401. His conviction was affirmed in State v. Moncla, 262 Kan. 58, 936 P.2d 727 (1997) (Moncla I). He later moved for a new trial under K.S.A. 22-3501 based on newly discovered evidence. Moncla advanced two affidavits from prison inmates...

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