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STATE v. PHILLIPS

No. 102,282.

287 P.3d 245 (2012)

STATE of Kansas, Appellee, v. Michael E. PHILLIPS, Appellant.

Supreme Court of Kansas.

October 26, 2012.

Attorney(s) appearing for the Case

Michelle A. Davis , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Lesley A. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the brief for appellee.

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

Michael Phillips directly appeals his convictions for first-degree felony murder, two counts of attempted aggravated robbery, and criminal possession of a firearm. His convictions stem from the shooting death of Miguel Moya, who Phillips said rushed at him unarmed during a scuffle. Phillips shot Moya after robbing two people at gunpoint at the same house. Phillips challenges: (1) the district court's failure to...

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