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STATE v. KEMBLE

No. 100,824.

238 P.3d 251 (2010)

STATE of Kansas, Appellee, v. Luther KEMBLE, Appellant.

Supreme Court of Kansas.

September 3, 2010.

Attorney(s) appearing for the Case

Carl Folsom, III, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Matt J. Maloney, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, were with him on the brief for appellee.

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

Luther Kemble directly appeals his conviction for aggravated indecent liberties with a child under age 14, for which he received a hard-25 life sentence. Kemble claims he is entitled to a new trial, based on: judicial misconduct; prosecutorial misconduct; the State's failure to charge the age element of the enhanced offense; the district court's failure to instruct the...

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