[Download] "City of Overland Park v. Fricke" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

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eBook details

• Title: City of Overland Park v. Fricke
• Author : Supreme Court of Kansas
• Release Date : January 27, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The opinion of the court was delivered by This is an appeal by the city of Overland Park from the dismissal of a complaint by the district court, following an appeal to district court by the defendant after a municipal court conviction. The district court dismissed the case for denial of a speedy trial because the case was not tried within the 180-day limit prescribed by K.S.A. 1977 Supp. 22-3402. For purpose of this appeal, the facts are undisputed and are as follows: The defendant-appellee, Donald A. Fricke, was arrested on November 1, 1977, for a violation of an Overland Park city ordinance. Defendant was represented by court-appointed counsel in the municipal court. He was found guilty and received a jail sentence and a fine. He appealed to the district court on February 7, 1978, the same day he was convicted. Defendant's appeal was docketed in the district court. On February 22, 1978, the defendant appeared at a docket call and announced that he was maintaining his not guilty plea and wanted a trial. The trial date was to be determined later. On October 3, 1978, the complaint was dismissed by the district judge for failure of the city to bring the defendant to trial within the 180-day limit required by K.S.A. 1977 Supp. 22-3402. The city's motion to vacate the dismissal was [226 Kan. 497] denied on October 13, 1978. The city of Overland Park then appealed to this court.

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