TILLER v. CORRIGAN

Nos. 99,951, 99,972, 100,042.

182 P.3d 719 (2008)

George R. TILLER, M.D., and Women's Health Care Services, Inc., Petitioners, v. Hon. Michael CORRIGAN, Presiding Judge, and Hon. Paul Buchanan, Assigned Senior Judge, Both of the Eighteenth Judicial District Court, Sedgwick County, Kansas, Respondents. George R. Tiller, M.D., and Women's Health Care Services, Inc., Petitioners, v. Hon. Michael Corrigan, Presiding Judge, and Hon. Paul Buchanan, Assigned Senior Judge, Both of the Eighteenth Judicial District Court, Sedgwick County, Kansas, Respondents.

Supreme Court of Kansas.

May 6, 2008.


Attorney(s) appearing for the Case

Lee Thompson, of Thompson Law Firm, LLC, of Wichita, argued the cause, and Erin C. Thompson, of the same firm, and Daniel E. Monnat and Laura Shaneyfelt, of Monnat & Spurrier, Chartered, of Wichita, were with him on the brief for petitioners George R. Tiller, M.D., and Women's Health Care Services, P.A.

Bonnie Scott Jones, of Center for Reproductive Rights, of New York, New York, argued the cause, and Michelle Movahed, of the same firm, and Jim Lawing, of Wichita, were with her on the brief for petitioners Jane Doe, Ann Roe, Sarah Coe, and Paula Poe.

Michael C. Leitch, deputy attorney general, argued the cause, and Veronica L. Dersch, assistant attorney general, was with him on the brief for petitioner Attorney General Stephen N. Six.

David Lowden, chief appellate attorney, of Sedgwick County District Attorney's office, argued the cause for respondent the Eighteenth Judicial District, Sedgwick County.

David R. Cooper, of Fisher, Patterson, Sayler & Smith, LLP, of Topeka, argued the cause for respondents Honorable Michael Corrigan and Honorable Paul Buchanan.

Joel L. Oster, Kevin H. Theriot, and W. Jesse Weins, of Alliance Defense Fund, of Leawood, and Benjamin W. Bull, of Alliance Defense Fund, of Scottsdale, Arizona, were on the brief for amicus curiae Michelle Armesto.

Richard A. Macias, of Wichita, was on the brief for amicus curiae Kansans for Life.


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

These three consolidated original actions in mandamus were prompted by subpoenas duces tecum issued by a Sedgwick County grand jury summoned in response to a citizen petition under K.S.A. 22-3001, which called for investigation of alleged illegal abortions and other violations of the law by George R. Tiller, M.D., and others performing professional services at Women's Health Care Services, Inc. (WHCS), in Wichita...

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