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McDERMED v. STATE

No. 94,960.

146 P.3d 222 (2006)

James W. McDERMED, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

November 9, 2006.

Attorney(s) appearing for the Case

Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, for appellant.

Jeffrey E. Evans, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellee.

Before MARQUARDT, P.J., MALONE and CAPLINGER, JJ.

MALONE, J.

James W. McDermed appeals the district court's denial of his K.S.A. 60-1507 motion. McDermed claims he received ineffective assistance of counsel at the preliminary hearing on his motion. He further claims the district court abused its discretion in denying his motion without conducting an evidentiary hearing. We reject both claims and affirm the district court.

In January 1995, McDermed was charged with three counts of aggravated robbery and one...

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