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STATE v. KELLY

No. 102,210.

285 P.3d 1026 (2012)

STATE of Kansas, Appellee, v. Michael J. KELLY, Jr., Appellant.

Supreme Court of Kansas.

September 28, 2012.

Attorney(s) appearing for the Case

Rick Kittel , 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 LUCKERT, J.:

Recently, in State v. Bogguess, 293 Kan. 743, 268 P.3d 481 (2012), this court held that the lack of an objection during a bench trial that consisted solely of stipulated facts did not preclude appellate review of the pretrial denial of a defendant's motion to suppress. We explained that "when the bench trial is conducted by the same judge who presided over the hearing on...

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