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FISCHER v. STATE

No. 100,248.

295 P.3d 560 (2013)

Craig Alan FISCHER, Appellant, v. STATE of Kansas, Appellee.

Supreme Court of Kansas.

March 1, 2013.

Attorney(s) appearing for the Case

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

Lee J. Davidson , assistant attorney general, argued the cause, and Jared S. Maag , deputy solicitor general, and Steve Six , attorney general, were on the briefs for appellee.

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

The State of Kansas challenges a decision by a divided Court of Appeals panel ordering a correctional facility inmate's physical presence at his K.S.A. 60-1507 evidentiary hearing. The majority reversed the trial court's determination that the inmate would participate by telephone. The panel held that there was no discretion as a matter of law and ordered that the inmate be transported for new proceedings. Fischer...

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