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PHILLIPS v. STATE

No. 92,233.

144 P.3d 48 (2006)

Brian D. PHILLIPS, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

October 27, 2006.

Attorney(s) appearing for the Case

Janine Cox, of Kansas Appellate Defender Office, argued the cause, and Nathan B. Webb, of the same office, was on the brief for appellant.

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by ALLEGRUCCI, J.:

Brian D. Phillips was convicted by a jury of first-degree murder and sentenced to life imprisonment. His conviction was affirmed by this court in State v. Phillips, No. 70,936, an unpublished opinion filed April 21, 1995. In June 2003 Phillips filed a motion pursuant to K.S.A. 60-1507. It was denied after an evidentiary hearing. He appealed to the Court of Appeals, which affirmed in a per curiam,...

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