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STATE v. CHEATHAM

No. 95,800.

292 P.3d 318 (2013)

STATE of Kansas, Appellee, v. Phillip D. CHEATHAM, Jr., Appellant.

Supreme Court of Kansas.

January 25, 2013.

Attorney(s) appearing for the Case

Paul R. Oller , of Oller, Johnson & Bittel, L.L.C., of Hays, and John Val Wachtel , of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause and were on the briefs for appellant.

Jacqie J. Spradling , chief deputy district attorney, argued the cause, and Natalie Chalmers , assistant district attorney, Chadwick J. Taylor , 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.:

In this capital murder case resulting from a double homicide and shooting of a third victim, Phillip D. Cheatham, Jr. was convicted and sentenced to death. On direct appeal to this court, he claims he was denied his right to a fair trial due to ineffective assistance of counsel. Cheatham characterizes his trial attorney's performance as a "cornucopia of ... ineptness" based on both performance deficiencies and conflict...

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