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STATE v. ULTRERAS

No. 103,527.

295 P.3d 1020 (2013)

STATE of Kansas, Appellee, v. Manuel ULTRERAS, Appellant.

Supreme Court of Kansas.

March 1, 2013.

Attorney(s) appearing for the Case

Kurt P. Kerns , of Ariagno, Kerns, Mank & White, LLC, Wichita, argued the cause and was on the briefs for appellant.

Jacob G. Fishman , assistant county attorney, argued the cause, and Terry J. Malone , county attorney, Kevin O'Keefe , assistant county attorney, and Steve Six , attorney general, were on the brief for appellee.

The opinion of the court was delivered by PER CURIAM:

This appeal raises first-impression issues regarding the burden of proof when a criminal defendant asserts immunity from criminal prosecution under the justified use-of-force provisions of K.S.A. 21-3219. We hold that the burden of production to negate a claim of immunity rests with the State and the controlling standard of proof is probable cause. Applying those holdings to the facts of this case, we conclude...

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