STATE v. MELL

Nos. 98,725, 98,726.

182 P.3d 1 (2008)

STATE of Kansas, Appellant, v. George T. MELL, Appellee. State of Kansas v. Nancy M. Mell, Appellee.

Court of Appeals of Kansas.

April 18, 2008.


Attorney(s) appearing for the Case

Stephen A. Hunting, deputy county attorney, and Paul J. Morrison, attorney general, for appellant.

William K. Rork, Wendie C. Bryan, and Kenneth B. Miller, of Rork Law Office, of Topeka, for appellee George T. Mell.

Kathleen Neff, of DeVoe & Neff, Lawyers, of Overbrook, for appellee Nancy M. Mell.

Before GREEN, P.J., GREENE and LEBEN, JJ.


GREEN, J.

In a prosecution for cultivation of marijuana, possession of methamphetamine, possession of marijuana, no drug tax stamp, and possession of drug paraphernalia, the State appeals from a pretrial order suppressing evidence obtained in a search of the residence of Nancy M. Mell and George T. Mell. On appeal, the State contends that the trial court erred in determining that the area in the yard where marijuana plants were growing was within the curtilage of...

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