Copyright 2023 Nexstar Media Inc. All rights reserved. Further, group representatives said they were blindsided when Kagay unilaterally announced the creation of SAVE without the organization's input. color: white; Authorities. font-size: .9em; vertical-align: top; See State v. Solomon, 257 Kan. 212, 218-19, 891 P.2d 407 (1995). So her claim does not fall within the definition of an illegal sentence under K.S.A. When the session first began, Kagay spoke with KSNT 27 News to discuss the significant backlog of cases the courts are facing following the shut-down of the pandemic. But Kagay disputes those allegations, saying the program has to focus on crime prevention and that his office cannot ethically work with individuals who are actively engaged in violence. padding-left: 10px; Kagay's current term ends in 2025. .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} Five empty liquor bottles were found in his bedroom, investigators said. The only hurdle to expanding crime prevention efforts, Kagay said, has been JUMP. Ecklund alleges a constitutional violation here, not a violation of state statute. 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. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. .widget-img { ", Kagay, for his part, said the groups size and disorganization has led to more than 50 meetings with his office, and JUMP has shown little to no understanding of the background history or the scope of the program.. Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. 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.). Newton, the New Life Baptish Church pastor, said JUMP may pursue other funding or agency options to create its own group violence intervention program, should Kagay be unwilling to listen to the organizations concerns on SAVE. See Phinney, 280 Kan. at 399. margin-top: 1px; Your California Privacy Rights/Privacy Policy. .widget-row.Green { We thus do not reach the State's argument that Ecklund inadequately briefed her claim or that Order 2020-PR-056 lacks the requirements Ecklund attributes to it. 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. Paid for by Kag Re-Elect DA Mike Kagay STATE OF KANSAS, Appellee, v. MICHELLE LEIGH ECKLUND, Appellant. How to vote | Exon was found guilty of aggravated child endangerment, reckless but unintentional second-degree murder, first-degree murder in the commission of a felony, and failure by a parent to report a child's death. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. That is a misappropriation of funds and is not acceptable. We believe the public needs to know that there are proven strategies that work, Berry said. Jeffrey J. Exon was. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." Story continues. 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. .infobox p { Topeka police are in a staffing crisis, a union official says. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. She has not done so. At a news conference Monday morning, representatives from the Topeka Justice Unity & Ministry Project called on Kagay to both clarify comments he made last week on his offices Strategies Against Violence Everywhere initiative and to work with the organization to implement broader, group violence intervention strategies. For more information, you can watch the full interview above. . A Shawnee County District Court judge has ordered a psychiatric evaluation for Jeffrey J. Exon, who faces charges of first-degree felony murder, aggravated child endangerment and failure to report the death of a child. font-size: 1.2em; Ecklund bases her claim on Kansas Supreme Court Administrative Order 2020-PR-056, effective May 7, 2020-a provision allowing use of two-way electronic audio-visual communications for court appearances during the COVID-19 pandemic. On January 5, 2021, at about 10 a.m., Exon called the police to his Topeka house. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. Kagay's current term ends in 2025. 2022 Supp. The new information from prosecutors came in response to an effort by Watkins' attorneys to remove Shawnee County DA Mike Kagay from the case. The district court held a combined plea and sentencing hearing in November 2021. 22-3504 at any time. In this role, he was responsible for reforming various procedures in Municipal Court - including the revision of the dangerous dog ordinance and the establishment of a docket just for code violations. margin-bottom: 0; She then asserts that Order 2020-PR-056 (which prescribes rules for using twoway audio-visual communications for court appearances during COVID-19 pandemic) required the district court to ask her whether she voluntarily waived her right to be physically present at the hearing. } We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. 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. } The Shawnee County, Kansas, district attorney has filed criminal charges against Kansas 2nd District U.S. Rep. Steve Watkins in a voter fraud investigation.District Attorney Michael Kagay said . Michael Kagay (Republican Party) is the Kansas Third Judicial District Attorney. The Topeka station reports an autopsy concluded that Aurora died of malnutrition. He had custody because the mom was worthless too and that poor little one starved to death. Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. You will be missed baby girl. Grand Est, Ajaccio, "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. 2022 Supp. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). State legislature | Artes bellas 13 Rue du Champ Roman, Saint-Martin-d'Hres, ara 38400 . Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. PER CURIAM. 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. 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. K.S.A. 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. North Topeka construction project closes intersection. We thus dismiss. U.S. President | display: block; display: inline-block; Exon's 6-year-old son, who was 4 when his sister died, testified at trial that his dad locked th. 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. More:Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? "During the trial, Exon's 6-year-old son, who was 4 at the. margin-bottom: 1px; TOPEKA, Kan. (WIBW) - The Shawnee County District Attorney has appointed a familiar face as his new Chief Deputy District Attorney. According to Shawnee County District Attorney Mike Kagay, investigators discovered five empty liquor bottles in Exon's bedroom. Around 10 a.m. on Jan.. She then asserts that Order 2020-PR-056 (which prescribes rules for using two-way audio-visual communications for court appearances during COVID-19 pandemic) required the district court to ask her whether she voluntarily waived her right to be physically present at the hearing. In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. Copyright 2023, Thomson Reuters. Aurora's 6-year-old brother, Teddy Exon, who was 4 years old at the time of her death, testified during the father's trial. Aurora Exon died due to neglect by her father at a time when he was "intoxicated and passed out in his bed for days on end," Shawnee County Deputy District Attorney Bethany Lee told jurors last week. They continue to mislead and confuse community members, some of whom are currently benefiting from the services that SAVE provides them and their families, Kagay wrote. Shawnee County District Attorney Mike Kagay, a Republican, announced the charges about a half-hour before Watkins, a first-term Topeka Republican, was set to appear on a televised debate. We agree. Cities | Your California Privacy Rights/Privacy Policy. .top_disclaimer { He can be reached at rgarcia@cjonline.com or by phone at 785-289-5325. background-color: green; | I will pray for them, and I hope they will do the same for me.. 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   .contact_entity {font-size: 1.5em ;margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;}  2022 Supp. See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). 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. Exon was convicted of aggravated child endangerment, first-degree murder in the commission of a felony, reckless but unintentional second-degree murder and failure by a parent to report the death of a child.  Deputy District Attorney at Shawnee County . Shawnee County District Attorney Mike Kagay commented on this high number, saying he is saddened by the numerous incidents. Please, https://ballotpedia.org/wiki/index.php?title=Michael_Kagay&oldid=8672114, Pages using DynamicPageList3 parser function, Current municipal officeholder inside coverage scope, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. No. .widget-value { Phone Email. The investigation revealed Exon suffered from addiction issues and would spend days without feeding or attending to his children, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. Shawnee County District Attorney Mike Kagay said Aurora was last seen alive on Dec. 26, 2021.                                 Provence-Alpes-Cte d'Azur, Nimes, After entering a guilty plea, Michelle L. Ecklund appeals her conviction and sentence, arguing the district court violated her right to be physically present at her combined plea and sentencing hearing because it failed to get a waiver of that right before allowing her to appear over Zoom. 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.  Because it fails to conform to constitutional requirements. ( 2008 ) 280 Kan. at 399.:! District court held a combined plea and sentencing hearing in November 2021 no to! On community partners to identify individuals who can benefit from services and make the referral, Kagay wrote also touched! 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