STATE v. WHITT

No. 105,689.

264 P.3d 686 (2011)

46 Kan. App. 2d 570

STATE of Kansas, Appellant, v. Gary E. WHITT, Appellee.

Court of Appeals of Kansas.

September 23, 2011.


Attorney(s) appearing for the Case

Erika N. Rasmussen and Steven J. Obermeier , assistant district attorneys, Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, for appellant.

Stacey L. Schlimmer , of Schlimmer Law, LLC, of Olathe, for appellee.

Before PIERRON, P.J., McANANY and STANDRIDGE, JJ.


PIERRON, J.

The State of Kansas appeals the district court's suppression of Gary E. Whitt's child-abuse confession. We reverse.

Ten-year-old K.T. was interviewed at the Sunflower House after claiming that Whitt, her great-uncle, had touched her "front" and "bottom." During her interview, K.T. said Whitt had "put his hand inside of her underpants" and "`rubbed'" her vaginal area and buttocks. K.T. described at least two distinct incidents of touching.

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