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STATE v. PATTON

Nos. 98,470, 98,471.

176 P.3d 151 (2008)

STATE of Kansas, Appellee, v. David R. PATTON, Appellant. David R. Patton, Appellant, v. Elizabeth Gillespie, Director, Shawnee County Adult Detention Division, Appellee, and State of Kansas, Intervenor/Appellee.

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Ronald F. Evans, of Death Penalty Defense Unit, argued the cause and was on the briefs for appellant.

Robert D. Hecht, district attorney, argued the cause, and Jamie L. Karasek, assistant district attorney, and Paul J. Morrison, attorney general, were with him on the brief for appellee.

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

This case presents issues of first impression: In an extradition proceeding under K.S.A. 22-2701 et seq., is an alleged fugitive's competency a proper subject of inquiry and, if so, what is the standard for determining competency? We conclude that in order to give meaning to and allow the full exercise of an alleged fugitive's statutory right to counsel and right to raise defenses in an extradition proceeding...

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