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STATE v. SHUMWAY

No. 86,290.

30 Kan. App.2d 836 (2002)

50 P.3d 89

STATE OF KANSAS, Appellee, v. RUSSELL LEE SHUMWAY, Appellant.

Court of Appeals of Kansas.

Opinion filed July 19, 2002.

Attorney(s) appearing for the Case

R. Kip Elliot and Julia Spainhour, of Northeast Kansas Conflict Office, of Topeka, for the appellant.

Robert D. Hecht, district attorney, Deborah L. Hughes, assistant district attorney, and Carla J. Stovall, attorney general, for the appellee.

Before LEWIS, P.J., BRAZIL, S.J., and GLENN D. SCHIFFNER, District Judge, assigned.

BRAZIL, J.:

Russell Lee Shumway appeals his conviction of murder in the second degree, arguing that the district court violated his due process rights by admitting unreliable testimony against him, that the district court erred in instructing the jury on murder in the second degree as a lesser included offense of felony murder, and that the district court imposed a disproportionate sentence in violation of his Eighth...

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