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STATE v. HARDY

No. 110,982.

347 P.3d 222 (2015)

51 Kan. App. 2d 296

STATE of Kansas, Appellant, v. Marlon T. HARDY, Appellee.

Court of Appeals of Kansas.

March 27, 2015.

Attorney(s) appearing for the Case

Matt J. Maloney , assistant district attorney, Marc Bennett , district attorney, and Derek Schmidt , attorney general, for appellant.

Richard Ney , of Ney & Adams, of Wichita, for appellee.

Before SCHROEDER, P.J., BUSER and ATCHESON, JJ.

By statute, Kansas extends immunity from criminal prosecution to persons acting in self-defense. K.S.A.2014 Supp. 21-5231. The statute, however, fails to describe how district courts should go about deciding a request for that protection. The Kansas Supreme Court has held the State must establish probable cause to show that a defendant...

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