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MILLER v. McKUNE

No. 94,453.

174 P.3d 891 (2006)

Robert MILLER, Appellee, v. David McKUNE, et al., Appellants.

Court of Appeals of Kansas.

March 10, 2006.

Attorney(s) appearing for the Case

Libby K. Snider, special assistant attorney general, for appellant.

Robert Miller, appellee pro se.

Before BUSER, P.J., LARSON, S.J., and WAHL, S.J.

LARSON, S.J.

This is an appeal by Warden David R. McKune of the Lansing Correctional Facility (LCF) from the district court's decision granting Robert Miller's petition pursuant to K.S.A. 60-1501.

The record reflects that on November 7, 2004, the LCF issued a disciplinary report to Miller alleging a violation of K.A.R. 44-12-301, C-1, fighting. The disciplinary report was executed under oath and sworn to by CSI C. Nance. The report stated the facts to be as...

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