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STATE v. MARTIN

No. 96,126.

179 P.3d 457 (2008)

STATE of Kansas, Appellee, v. Paul B. MARTIN, Appellant.

Supreme Court of Kansas.

March 28, 2008.

Attorney(s) appearing for the Case

Juanita M. Carlson, of Carlson Law Office, P.A., of Lawrence, argued the cause and was on the brief for appellant.

Brenda J. Clary, assistant district attorney, argued the cause, and Deborah L. Moody, assistant district attorney, Charles Branson, district attorney, and Phill D. Kline, attorney general, were with her on the brief for appellee.

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

In his prosecution for possession of marijuana, Paul B. Martin unsuccessfully moved to suppress the evidence retrieved from his pocket. On appeal, the Court of Appeals reversed the district court and found that the evidence should have been suppressed. State v. Martin, No. 96,126, 2007 WL 519080, unpublished opinion filed February 16, 2007.

The State of Kansas seeks review, claiming that the Court...

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