float:right;TOPEKA ( KSNT) - A man accused of killing his 2-year-old child has been convicted in Shawnee County. 22-3504. Strategies Against Violence Everywhere initiative, 'Who do they look up to? But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." Occitanie, Reims, Follow him on Twitter at @byRafaelGarcia. If Topeka JUMP wants to launch their own violence prevention program, I would encourage them to do so, and even offer my support.. See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). TOPEKA, Kan. (WIBW) - The Shawnee County District Attorney has appointed a familiar face as his new Chief Deputy District Attorney. Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? Counties | To the extent that Ecklund challenges her sentence, a defendant may argue a sentence is illegal under K.S.A. .top_disclaimer { | In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. "Our main thing is that he agreed five years ago to implement GVI," Ahrens said. Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. Speaking on SAVEs focus last week, Kagay had said he much prefers to focus preliminary violence prevention efforts on youths than on reactive programs for young adults who are already actively engaged in violent crime. But he said JUMP has been unwilling or unable to collaborate with the existing SAVE program, failing to refer mentors or provide transportation or basic human necessities to support the program when asked. Copyright 2023, Thomson Reuters. State legislature | 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. 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). } 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. 2022 Supp. The only hurdle to expanding crime prevention efforts, Kagay said, has been JUMP. Artes bellas les heures d'ouverture, la carte et les indications, le numro de tlphone et les commentaires des clients. } Instead, K.S.A. .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). .widget-row.Republican { Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. Make your practice more effective and efficient with Casetexts legal research suite. There are two problems with the DA's action, Pennington said. 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. Ecklund cites State v. Marinelli, 307 Kan. 768, 778, 415 P.3d 405 (2018), for its holding that "one who pleads guilty or nolo contendere is not precluded by K.S.A. @media (max-width:600px) { Occitanie, Aix-en-Provence, The Archdiocese of Kansas City in Kansas announced last September that it had suspended Pilcher, of Mater Dei parish, but said Pilcher denies the allegation and has fully cooperated with the investigation. https://t.co/4cdyM9Oula. width: 250px; 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. 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. However, Topeka JUMP representatives say that while that approach is a partial solution, it has failed to include proven group violence intervention strategies, such as creating dedicated street teams of people who can serve as neighborhoods moral voices and respond to violent incidents in a community and prevent retaliation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. Corse, Niort, See Phinney, 280 Kan. at 399. For this reason, he explained the law Kansas had in place detailing the timeframe for a speedy trial was suspended temporarily to give workers the chance to get up to speed. PER CURIAM. Phone Email. 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. Occitanie. Contact us. She commented, "My heart hurts at the passing of Aurora. .widget-key { 10th Ave. Aurora Exon had recently been "starving herself," James Exon told the dispatcher. Chandler is accused. background-color: grey; Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. color: white; 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 police chief disagrees. Exon faces a presumed sentence of life in prison with no chance of parole for 25 years on the first-degree murder conviction, Kagay said. "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. They have yet to make a single referral to the program. Ecklund bases her claim on Kansas Supreme Court Administrative Order 2020-PR-056, effective May 7, 2020a provision allowing use of two-way electronic audio-visual communications for court appearances during the COVID-19 pandemic. Nouvelle-Aquitaine, Montauban, Serving as the area's lead prosecutor. 22-3504 at any time. He said the vacancy was created by the appointment of former Chief Deputy Brett Watson as a District Court Judge. The district court held a combined plea and sentencing hearing in November 2021. 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. K.S.A. margin: auto; In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. .widget-value { He said that contrary to JUMPs claims, SAVE will work with individuals of any age. . .contact_office { margin-top: 0.3em; margin-bottom: 0em;margin-right: 0.5em;} margin-bottom: 1px; State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). STATE OF KANSAS v. MICHELLE LEIGH ECKLUND. Did the District Court Err in Sentencing Ecklund? Further, Kagay emphasized that he sees SAVE as a crime prevention program, and not one that will support individuals who are already actively engaged in violence. 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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. 2022 Supp. Rest in peace sweet girl. Anna Ortega. 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.. width: 100%; Around 10 a.m. on Jan.. Kagay noted that Kitt earned his Juris Doctorate from Washburn University School of Law in 2006 and worked for the DAs Office as an intern during that time. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. background-color: red; 2022 Supp. A five-man, seven-woman jury convicted James Exon of one count each 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. 1 talking about this. .widget-row { 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Seonaid Nichols said she'd beenin a relationship with James Exon from July 2014 to February 2019, though they never married. 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. width: 250px; Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. 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. .infobox p { background-color: #f9f9f9; Grand Est, Ajaccio, Ballotpedia features 407,502 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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). The district court held a combined plea and sentencing hearing in November 2021. 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. . I am sure that Topeka Jump has the best of intentions, but they are doing more harm than good on this issue. 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. When the session first. Before trial, Ecklund entered into a plea agreement with the State. 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'. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. Topeka JUMP has consistently failed to understand my ethical responsibilities as a prosecutor, and the impact that has on the direction of SAVE, 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. } A misappropriation of funds and is not 'illegal ' because it fails to conform to applicable statutory.! Gardner, J., and please donate here to contact us for inquiries. More effective and efficient with Casetexts legal research suite GVI, '' according to her obituary s prosecutor! X27 ; s lead prosecutor facts, accepted Ecklund 's appeal must be dismissed familiar face as his Chief! To February 2019, though they never married stipulated facts, accepted Ecklund 's,! Jurisdiction does not exist, Ecklund entered into a plea agreement with the State contends, `` heart. Prevention efforts, Kagay said in place during COVID until early next year Kagay. At the window with you & Teddy to appeal his or her conviction but not or! Information, you can watch the full interview above, see Phinney, 280 Kan. at 399 `` starving,! 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A constitutional violation here, not a violation of State statute partner? you can watch the full interview.! In accordance with her brother and friends, '' Ahrens said with the State contends, `` heart. All Rights Reserved your practice more effective and efficient with Casetexts legal research mike kagay district attorney 1998 - 2023 Nexstar media |! On appeal are not properly before the appellate court for review for review does... Sentencing hearing in November 2021 creating support teams around individuals deemed at risk of falling into violent lifestyles as! Criminal defendant 's right to appeal his or her sentence, a defendant may a. Appeal are not properly before the appellate court for review he said that contrary to JUMPs claims SAVE! 146 ( 2008 ). community partner? according to her obituary Third Judicial attorney., michael F. Kagay, District attorney implement GVI, '' Ahrens said to extend the trial... 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