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STATE v. BACKUS

No. 102,951.

287 P.3d 894 (2012)

STATE of Kansas, Appellee, v. John BACKUS, Appellant.

Supreme Court of Kansas.

November 2, 2012.

Attorney(s) appearing for the Case

Michael J. Bartee , of Michael J. Bartee, P.A., of Olathe, argued the cause and was on the brief for appellant.

Sheryl L. Lidtke , deputy district attorney, argued the cause, and Jerome A. Gorman , district attorney, and Derek Schmidt , attorney general, were with her on the brief for appellee.

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

John Backus directly appeals his convictions for premeditated first-degree murder, aggravated kidnapping, and aggravated robbery in the 2005 death of Dollar General manager Robin Bell in Bonner Springs. Backus' brief to this court raises six issues, which we will paraphrase as follows: (1) The district court erred in denying Backus' request for a lesser included offense instruction on second-degree murder; (2...

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