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STATE v. JONES

No. 105,420.

311 P.3d 1125 (2013)

STATE of Kansas, Appellee, v. Austin N. JONES, Appellant.

Supreme Court of Kansas.

November 8, 2013.

Attorney(s) appearing for the Case

Randall L. Hodgkinson , Topeka, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood , chief appellate attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Derek Schmidt , attorney general, were with him on the brief for appellee.

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

Defendant Austin N. Jones appeals his jury conviction of two counts of first-degree murder. He argues for the first time on appeal that under Kansas' version of a "Stand-Your-Ground Law" in effect at the time of the crime, K.S.A. 21-3219, he is immune from prosecution. In the alternative, he alleges that prosecutorial misconduct deprived him of a fair trial.

FACTUAL AND PROCEDURAL BACKGROUND

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