.contact_entity {font-size: 1.5em ;margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} This page was last updated during the official's most recent election or appointment. Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. Kagay's current term ends in 2025. But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). Kagay said his office continues to build the still-nascent SAVE program, and that expansion in the future could include financial support for street teams made up of individuals recommended by JUMP, once funding opportunities are found. Now, a little more than a month later, he said he has good news to report. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). Ecklund may thus not file a direct appeal from a plea unless she first moves to withdraw her plea and the district court denies that motion. Republican Party Kansas Third Judicial District Attorney Tenure 2017 - Present Term ends 2025 Years in position 6 Report an officeholder change Michael Kagay ( Republican Party) is the Kansas Third Judicial District Attorney. background-color: white; } We agree. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. 2022 Supp. } "He has not done that, and hes spent community mone y a lot of it and not implemented that program with fidelity. Anna Ortega. JUMP pointed to other communities, such as South Bend, Indiana, and Louisville, Kentucky, that have seen shootings cut by about half since implementing group violence intervention strategies. Kagay assumed office on January 9, 2017. by creating support teams around individuals deemed at risk of falling into violent lifestyles. He had custody because the mom was worthless too and that poor little one starved to death. Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her conviction and sentence are null and void, and for such other relief deem[ed] proper.. SAVE has explained this repeatedly to representatives from Topeka Jump. font-weight: bold; They have yet to make a single referral to the program. The Topeka station reports an autopsy concluded that Aurora died of malnutrition. } Shawnee Co. DA appoints familiar face as new Chief Deputy DA, SE Topeka shooting leaves 1 person deceased, Kansas officials hunt for suspect that caused hit-and-run on I-70, Game Wardens warn against mushroom hunting in barred Kansas preserve, Rollover crash in South Central Kansas claims life of one woman, Salute our Heroes: Topeka man feeding the community, Shawnee County District Attorney Mike Kagay. The archdiocese says it will continue with evaluating Pilchers status as a priest. EXCLUSIVE: Ekow Boye-Doe recaps time at K-State on, Sheriff warns about finding folded dollar bills in, Ring of Fire to appear above Kansas, heres when, Chiefs Patrick Mahomes said ankle is still not 100%, Lucky find in Kansas cave has biologists celebrating, Happy Basset Barrel House stretches into new area, Two Topeka bands inducted in Kansas Music Hall of, Do Not Sell or Share My Personal Information. The little boy lived. Ecklund challenges her sentence, arguing that the district court erred by failing to get a waiver of her right to appear in person at the plea and sentencing hearing. "During the trial, Exon's 6-year-old son, who was 4 at the. But we lack jurisdiction to consider an appeal of Ecklund's conviction or of Ecklund's sentence, which raises a constitutional claim for the first time on appeal. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) ("A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements."). Ecklund alleges a constitutional violation here, not a violation of state statute. Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. background-color: grey; See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). He attended the North American Human Trafficking. .widget-img { He brings a wealth of experience to this new role, both in litigation and office administration. 0:00 1:00 Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and. ", Opening arguments were given yesterday in the trial of Jeffrey J. All rights reserved. Occitanie, Reims, Instead, K.S.A. Citing State v. McDaniel, 306 Kan. 595, 600-02, 395 P.3d 429 (2017), Ecklund argues that she had a constitutional right to be present at every critical stage of the proceedings. Investigators found that Exon would not feed or attend to his children for days because of his addiction issues, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. The police chief disagrees.
float:right; I'm sure she will be deeply missed by all who knew her. He deserves the same. Auvergne-Rhne-Alpes 38400, 13 Rue du Champ Roman, WASHINGTON Kansas Congressman Steve Watkins' attorney filed a motion Wednesday night seeking to disqualify Shawnee County District Attorney Mike Kagay's office from prosecuting the felony. font-weight: bold; Mike is honored to serve his community as the District Attorney for Shawnee County. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. deem[ed] proper.". State of Kansas, Appellee, v. Michelle Leigh Ecklund, Appellant. Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her "conviction and sentence are null and void, and for such other relief . To the family, you will be in my thoughts & prayers." width: 57%; We agree. A singer from her service also commented, "I sang for Aurora's service today - and I felt very honored to be present to wish her on her way to Heaven. background-color: green; We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. We thus dismiss. On January 5, 2021, at about 10 a.m., Exon called the police to his Topeka house. Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and shootings. padding-left: 10px; Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. font-weight: bold; } Artes bellas les heures d'ouverture, la carte et les indications, le numro de tlphone et les commentaires des clients. https://t.co/4cdyM9Oula. TOPEKA ( KSNT) - A man accused of killing his 2-year-old child has been convicted in Shawnee County. Ecklund appeared in person at her arraignment hearing, waived a formal arraignment, and requested a jury trial, which the district court set for December 2021. background-color: #003388; Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. On Monday, April 10, a Shawnee County District Court jury found 47-year-old Jeffrey J. Exon guilty of killing Aurora Exon, per The Topeka Capital-Journal. 2022 Supp. Click here to contact our editorial staff, and click here to report an error. Aurora, according to an obituary posted by Brennan Mathena Funeral Services, "will be remembered fondly by all who knew her and will leave a void in the hearts of many." See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). "During the trial, Exon's 6-year-old son, who was 4 at the time of his sister's death, testified that his dad locked them in their rooms for several days without food while he 'slept,'" Kagay said. Via Christi Hospitals Wichita v. Kan-Pak, 310 Kan. 883, 889, 451 P.3d 459 (2019). Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. Investigators found that Exon would not feed or attend to his children for days because of his addiction issues, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. Kansas Rep. Steve Watkins (R) was charged Tuesday with three felonies and a misdemeanor over allegations he voted illegally in a 2019 local election.Shawnee County District Attorney Mike Kagay anno A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence. State v. Key, 298 Kan. 315, 321, 312 P.3d 355 (2013). So to the extent that Ecklund challenges her conviction, we lack jurisdiction. The district court advised Ecklund of the maximum potential sentences and fines for both offenses and of the rights that she was waiving by entering a plea. 1 talking about this. Story continues. .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} .widget-row.Green { So her claim does not fall within the definition of an "illegal sentence" under K.S.A. STATE OF KANSAS v. MICHELLE LEIGH ECKLUND. All rights reserved. Kagay, a Republican, said he already has begun to address many of those issues during his tenure as district attorney. To the extent that Ecklund challenges her sentence, a defendant may argue a sentence is illegal under K.S.A. Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. }. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. Follow him on Twitter at @byRafaelGarcia. He said the vacancy was created by the appointment of former Chief Deputy Brett Watson as a District Court Judge. Grand Est, Ajaccio, font-weight: bold; 2022 Supp. display: inline-block; If they are aware of anyone who would benefit, they should make the referral., More:As YWCA Northeast Kansas hosts Week Without Violence, 'There's always work to be done'. Jeffrey J. Exon was. The State's primary response to Ecklund's claim is that this court lacks jurisdiction to consider her appeal, so her appeal should be dismissed. Artes bellas ou si vous avez visit un magasin, veuillez laisser vos commentaires sur ce magasin: Lawyers for the congressman say the timing of the . Its going to extend the speedy trial waiver that we had in place during COVID until early next year, Kagay said. Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. The new information from prosecutors came in response to an effort by Watkins' attorneys to remove Shawnee County DA Mike Kagay from the case. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { TOPEKA, Kan. (WIBW) - Shawnee Co. District Attorney Mike Kagay says he is looking at "anything and everything" in determining the next steps in the Dana Chandler case. Kagay emphasized that in order to make sure everyone gets a fair, as well as speedy trial, the courts needed more time to get control of the long list of cases. The high court, however, didn't dismiss the case and left it open for the Shawnee County district attorney's office to try again, leading to Chandler's second trial, which took most of August. However, all but one of the programs referrals to date have been more minors, most of whom are referred by schools. She commented, "My heart hurts at the passing of Aurora. "James" Exon on Monday of crimes that included first-degree murder and second-degree murder in the January 2021 malnutrition death in Topeka of his 2-year-old daughter, Aurora Exon. Zoning and Floodplain Administrator . Parson appoints student from Joplin to position in Maryville, Oklahoma officials accused of talk of killing journalists. Shawnee County District Attorney Mike Kagay says that on Tuesday, April 11, a jury convicted Jeffrey James Exon in relation to the death of his 2-year-old daughter. But as the State contends, a sentence is not 'illegal' because it fails to conform to constitutional requirements. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) (A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements.). Before trial, Ecklund entered into a plea agreement with the State. I'm disappointed that the DA is arguing that it's a good idea to write off 20-somethings, in his words, and that only school-age children are worth reaching out to., More:'Who do they look up to? }, What's on my ballot? .widget-row.Libertarian { He can be reached at rgarcia@cjonline.com or by phone at 785-289-5325. Click here to contact us for media inquiries, and please donate here to support our continued expansion. When the session first. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. The child "loved cuddling with her daddy, and playing with her brother and friends.". JUMP co-chair Anton Ahrens disputed that, and said JUMP has provided lists of potential candidates to serve as mentors, but Kagay's office has failed to work with those candidates. WomenWorking.com is committed to supporting women to live fully, giving them tools, tips, and inspiration to move through challenges in every aspect of their lives. Chuck is well known for his integrity, attention to detail, legal knowledge, and fundamental fairness. U.S. President | Our general rule provides: "No appeal shall be taken by the defendant from a judgment of conviction before a district judge upon a plea of guilty or nolo contendere." The State's primary response to Ecklund's claim is that this court lacks jurisdiction to consider her appeal, so her appeal should be dismissed. Please try again. color: white; margin-top: 1px; The email address cannot be subscribed. Full title:State of Kansas, Appellee, v. Michelle Leigh Ecklund, Appellant. She agreed to plead guilty to both charges and the State agreed to recommend a sentence of nine months in jail suspended in favor of six months of unsupervised probation. Copyright 2022 WIBW. She has not done so. On January 5, 2021, at about 10 a.m., Exon called the police to his Topeka house. TOPEKA ( KSNT )- Shawnee County District Attorney Mike Kagay appeared on the KSNT 27 News Morning show to share some new information coming from the legislature. Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. District Attorney . The police chief disagrees. She also loved cheese and peanut butter crackers," the obituary states. TOPEKA, Kan. (WIBW) - The Shawnee County District Attorney has appointed a familiar face as his new Chief Deputy District Attorney. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. @media (max-width:600px) { He also provided condolences and sentiments to the families in Nashville follwing the recent shooting. Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. .top_disclaimer { 22-3602 from taking a direct appeal from the sentence imposed. We agree. } The district court held a combined plea and sentencing hearing in November 2021. State legislature | But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). .widget-row.value-only.black { 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. PER CURIAM. And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. 13 Rue du Champ Roman, Saint-Martin-d'Hres, width: 43%; Contact: Mr.Michael Kagay 785.251.4330 Phinney and Clelland, Manslaughter Charges Shawnee County District Attorney Mike Kagay announced today that he has filed criminal charges against two individuals in relation to a March traffic incident on Highway 24 that resulted in two fatalities. Therefore, he was advocating in the legislature for the suspension of a Kansas law to be extended until they could do so. . Ajouter un commentaire, Marseille, He went to explain how exactly this will benefit his constituents, as well as defendants awaiting trial. How to vote | Seonaid Nichols said she'd beenin a relationship with James Exon from July 2014 to February 2019, though they never married. color: white; Exon's substance abuse problems led to his not feeding his kids for days, the court heard. TOPEKA, Kan. (KSNT) - Shawnee County District Attorney Mike Kagay held his position against a challenge from local defense attorney Joshua Luttrell. Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. Shawnee County District Attorney Mike Kagay said in a statement to the Topeka Capital-Journal his office will "conduct a comprehensive review and analysis of the case and the recently concluded . .external_links_table { width: auto !important; } See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). We agree. 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Our continued expansion and submitted an affidavit stipulating to the mike kagay district attorney that Ecklund challenges her sentence, a,.