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STATE v. PHILLIPS

No. 103,399.

325 P.3d 1095 (2014)

STATE of Kansas, Appellee, v. Kelvin PHILLIPS, Jr., Appellant.

Supreme Court of Kansas.

May 23, 2014.

Attorney(s) appearing for the Case

Gerald E. Wells , of Lawrence, argued the cause and was on the brief for appellant.

Jodi E. Litfin , assistant district attorney, argued the cause, and Chadwick J. Taylor , district attorney, and Derek Schmidt , attorney general, were with her on the brief for appellee.

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

After a trial ended with a hung jury, Kelvin Phillips, Jr. was retried and convicted of the premeditated first-degree murder of James Earl Dyer, Jr.; conspiracy to commit first-degree murder; and criminal possession of a firearm. On direct appeal from Phillips' second trial, we consider the three issues Phillips raises. First, we hold that the Kansas criminal mistrial statute, K.S.A. 22-3423, does not require...

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