1 talking about this. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. 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 Aurora Exon was found to be deceased after James Exon on Jan. 5, 2021, called law enforcement officers and rescue workers to their home at 3501 S.W. All rights reserved. From this she implies that "present" means physically present. 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.). font-weight: bold; Phone Email. When the session first. Accordingly, we decline to consider Ecklund's constitutional argument that she failed to raise in district court. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We believe the public needs to know that there are proven strategies that work, Berry said. State of Kansas, Appellee, v. Michelle Leigh Ecklund, Appellant. background-color: red; Federal courts | 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. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. Lawyers for the congressman say the timing of the . Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. .widget-row.Republican { vertical-align: top; font-weight: bold; Ballot measures, Who represents me? That will give prosecutors around the state the time we need, to continue working with defense, and working through that back log of high-level, serious cases.. District Attorney . font-weight: bold;

TOPEKA, Kan. (WIBW) - The Shawnee County District Attorney has appointed a familiar face as his new Chief Deputy District Attorney. 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. .contact_office { margin-top: 0.3em; margin-bottom: 0em;margin-right: 0.5em;} 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. As a community, we're tired of our public officials coming into our communities and telling us what we need. Phone Email. We thus dismiss. 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." Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. .widget-img { And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. District Attorney Mike Kagay, who had sparsely attended the trial proceedings but was in court Thursday, met with members of the . Copyright 2023, Thomson Reuters. TOPEKA, Kan. (KSNT) - Shawnee County District Attorney Mike Kagay held his position against a challenge from local defense attorney Joshua Luttrell. 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. NOT DESIGNATED FOR PUBLICATION Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. Ecklund alleges a constitutional violation here, not a violation of state statute. On January 5, 2021, at about 10 a.m., Exon called the police to his Topeka house. background-color: grey; 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. color: white; Auvergne-Rhne-Alpes 38400, 13 Rue du Champ Roman, border: 1px solid #a2a9b1 !important; So to the extent that Ecklund challenges her conviction, we lack jurisdiction. font-weight: bold; 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. The email address cannot be subscribed. 223602 from taking a direct appeal from the sentence imposed." "She loved to dance and had a smile that would light up a room and the hearts of those around her. The only hurdle to expanding crime prevention efforts, Kagay said, has been JUMP. Shawnee County District Attorney Mike Kagay said Teddy testified that his dad "locked them in their rooms for several days without food while he 'slept,'" according to Fox News.. Instead, K.S.A. 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. North Topeka construction project closes intersection. 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. State legislature | For more information, you can watch the full interview above. .widget-row.Libertarian { We agree. An initial report from Shawnee County District Attorney Mike Kagay said "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an. How to vote | STATE OF KANSAS, Appellee, v. MICHELLE LEIGH ECKLUND, Appellant. Your laugh was adorable when I played peek-a-boo at the window with you & Teddy. After he graduated, he started his legal career as a prosecutor in the office. background-color: #f9f9f9; Its a proven strategy that has the potential to make a significant difference in Topeka as young adults and children continue to die in gang and group violence, said Gethsemane Worship Center Pastor Ray Berry. Full title:State of Kansas, Appellee, v. Michelle Leigh Ecklund, Appellant. 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. Previously, Mike was a Board Member at Boys & Girls Clubs of Topeka. 1 we do not support a public official using money that was allocated for GVI and using it for something else. 10th Ave. Aurora Exon had recently been "starving herself," James Exon told the dispatcher. 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. Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. See State v. Solomon, 257 Kan. 212, 218-19, 891 P.2d 407 (1995). text-align: center; Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934. Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. 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'. Seonaid Nichols, the mother of Teddyand Aurora Exon, said she had agreed to let James Exonhave custody of their two children because her living situation at the time wasn't conducive to her taking care of them. Copyright 2022 WIBW. "Four out of 5 people (who face criminal charges) in Shawnee County don't go to prison," Kagay said. The district court held a combined plea and sentencing hearing in November 2021. padding-left: 10px; She also loved cheese and peanut butter crackers," the obituary states. "Is that how you treat a community partner?" The new information from prosecutors came in response to an effort by Watkins' attorneys to remove Shawnee County DA Mike Kagay from the case. He said the vacancy was created by the appointment of former Chief Deputy Brett Watson as a District Court Judge. Serving as the area's lead prosecutor. Accordingly, we decline to consider Ecklund's constitutional argument that she failed to raise in district court. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. Now, a little more than a month later, he said he has good news to report. Ahrens said. color: black; Pour le moment, il n'y a pas d'avis sur See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). If GVI can get almost immediate results and reduce shootings by 40 to 50% in other cities, Topeka deserves the same type of results, said JUMP member Anna Ramirez. Mike is honored to serve his community as the District Attorney for Shawnee County. Auvergne-Rhne-Alpes 38400 ': Here's how Topeka's SAVE initiative is working to prevent violence. Chandler is accused. Via Christi Hospitals Wichita v. Kan-Pak, 310 Kan. 883, 889, 451 P.3d 459 (2019). .widget-row.heading { Shawnee County district coroner Altaf Hossain testifiedat James Exon's preliminary hearingin June 2021 that Aurora Exon died of marasmus, a former of malnutrition, which wasdue to the negligence of her father.

} Chad Taylor (born November 4, 1973) is an American politician and attorney, who served as the District Attorney of Shawnee County, Kansas from 2009-17. 2022 Supp. TOPEKA, Kan. (WIBW) - Putting a stop to human trafficking in Shawnee County continues to be a priority for District Attorney Mike Kagay. 2022 Supp. The Shawnee County District Attorney's Office reports that Jeffrey J. Exon was convicted. Our adults are no more difficult than anywhere else in the country, and if GVI can happen elsewhere, it can happen in Topeka.. 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. With the help of a $300,000 grant from the Topeka Community Foundation, a program coordinator in the district attorneys office helps pull together teams of people and mentors who can guide those at-risk individuals to make better decisions. Provence-Alpes-Cte d'Azur, Quimper, Jusqu' prsent, les critiques n'ont pas t ajoutes. } } 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. If Topeka JUMP wants to launch their own violence prevention program, I would encourage them to do so, and even offer my support.. She also claims that her waiver had to be written and filed in the district court. The district court held a combined plea and sentencing hearing in November 2021. Seonaid Nichols, the childrens mother, said she agreed to give Jeffrey Exon custody of the children because her living conditions didnt allow her to take care of them. 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." State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). John Pilcher after reviewing the results of an investigation. .widget-row.value-only { 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. } .widget-row.value-only.white { Strategies Against Violence Everywhere initiative, 'Who do they look up to? Jurors convicted Jeffrey J. background-color: #f9f9f9; Your California Privacy Rights/Privacy Policy. width: 250px; How to run for office | }. TOPEKA ( KSNT) - A man accused of killing his 2-year-old child has been convicted in Shawnee County. Before trial, Ecklund entered into a plea agreement with the State. 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. 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. No. The district court held a combined plea and sentencing hearing in November 2021. We thus dismiss. Get the Android Weather app from Google Play, KU student goes viral on TikTok for piano skills, Local fire department talks controlled burn safety, Emporia States Lowe wins in javelin, competes in, Rivalry between Barcelona and Madrid takes turn for, Hartman goal in 2nd OT gives Wild 3-2 win over Stars, Draymond Green ejected from playoff game for flagrant, Kings beat Warriors 114-106 to take 2-0 series lead, Brewers ace Corbin Burnes leaves game with pectoral, Kansas City homeowner accused of shooting Black teen, Sign Up For The Latest News And Emails Alerts, Burglary suspect crashes car in Shawnee County, sheriff says, Kobach, ACLU discuss trans athlete debate with Inside, Plant experts offer free help for your garden. Before trial, Ecklund entered into a plea agreement with the State. Field Training Officer . This material may not be published, broadcast, rewritten, or redistributed. However, all but one of the programs referrals to date have been more minors, most of whom are referred by schools. Shawnee County District Attorney Mike Kagay said Aurora was last seen alive on Dec. 26, 2021. This website is not intended for users located within the European Economic Area. 22-3504. He is ideally suited for this new role, and we are fortunate to have him.. Story continues. After Kitt spent several years in both the public and private sector, Kagay said he was chosen as the Chief of Prosecution for the City of Topeka in September 2015. .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} } } Ballotpedia features 407,502 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. 10:00 12:30 14:00 19:00. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Read all about it at https://t.co/5hc7tKm4NX. TOPEKA, Kan. A Kansas man has been convicted of murder after his 2-year-old daughter died of malnutrition while he was passed out for days from intoxication, prosecutors said.

. Bretagne, Carcassonne, .widget-row.value-only.black { Prosecutor wont bring charges against accused Topeka priest, Ralph Yarl described as excellent student and talented musician at Staley High School, Team coverage: Charges filed in shooting of Ralph Yarl, Family of teen shot on Northland doorstep speaks about his achievements, the road ahead. Chuck has performed invaluable service for our office and our community for many years. Kagay, in a written statement to The Capital-Journal, disputed JUMPs allegations. } Artes bellas 13 Rue du Champ Roman, Saint-Martin-d'Hres, ara 38400 . 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. A family friend commented under the obituary, remembering Aurora and her laugh. Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. To the family, you will be in my thoughts & prayers." 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. 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. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. font-size: .9em; display: block; The police chief disagrees. In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. You will be missed baby girl. 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. We agree. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. She commented, "My heart hurts at the passing of Aurora. The district attorneys office, Kagay said, will continue to prosecute those individuals. Ahrens said the group has indeed had many meetings with Kagay, but the district attorney has also been unhelpful or uncommunicative regarding SAVE or any further attempts to implement group violence intervention strategies. } .widget-value { color: white; .top_disclaimer { margin-bottom: 1px; 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. "A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence." @media (max-width:600px) { The little boy lived. Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. 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. 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. So her claim does not fall within the definition of an illegal sentence under K.S.A. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. Occitanie, Reims, ", Aurora Exon, 2, was found dead Jan 5 in a home on S.W. Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. More:Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? He deserves the same.

float:right; Phone Email.                     Saint-Martin-d'Hres, 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. The Topeka station reports an autopsy concluded that Aurora died of malnutrition. | Paid for by Kag Re-Elect DA Mike Kagay 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.. 	background-color: green; See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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.  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). We live in those communities, we know what we need and we know that GVI is something that will work, so well continue to fight for it.. 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. Exons 6-year-old son, who was 4 when his sister died, testified at trial that his dad locked them in their rooms for several days without food while he slept, Kagay said. 	padding-left: 10px; by creating support teams around individuals deemed at risk of falling into violent lifestyles. According to Shawnee County District Attorney Mike Kagay, investigators discovered five empty liquor bottles in Exon's bedroom.                                 Nouvelle-Aquitaine, Narbonne, 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). Exon's 6-year-old son, who was 4 when his sister died, testified at trial that his dad locked th. Kagay, a Republican, said he already has begun to address many of those issues during his tenure as district attorney. https://t.co/FIKseHZswa, Aurora's mother, who did not have custody of the two kids, last saw her daughter on December 26, 2020.    } "Our main thing is that he agreed five years ago to implement GVI," Ahrens said. 293406215027182 TOPEKA (KSNT) - Since the start of 2023, there have . } Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. . Zoning and Floodplain Administrator . U.S. President | 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. Mike Kagay is a District Attorney at Shawnee County based in Topeka, Kansas. Launched earlier this year after two years of planning, the SAVE initiative focuses on reducing community violence by creating support teams around individuals deemed at risk of falling into violent lifestyles. 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.  	width: 43%; 	width: 150px;                                 Occitanie, Aix-en-Provence,    .external_links_table { width: auto !important; }  2022 Supp. Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. Copyright 2023 Nexstar Media Inc. All rights reserved. She also claims that her waiver had to be written and filed in the district court. 22-3504.  "We all want the same thing, which is for the violence to stop in our community. State executives | TOPEKA, Kan. (AP)  A Catholic priest in Topeka suspended from his public duties after being accused of sexually abusing a minor will not face criminal charges in the case.  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. 

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'' James Exon told the dispatcher into violent lifestyles State legislature | for more information, will... 293406215027182 Topeka ( KSNT ) - Since the start of 2023, there have. our public coming! Media inquiries, and PATRICK D. MCANANY, S.J factual basis for her plea agreement with the State charged with. Up to, who represents me this new role, and playing with her brother and friends, James. 889, 451 P.3d 459 ( 2019 ) { vertical-align: top ; font-weight: bold ; Ballot,... Month later, he said he has good news to report plea surrenders a criminal defendant 's right to his. Terms of use and privacy policy with you & Teddy, GARDNER, J., and we are fortunate have... Us what we need Kagay said Aurora was last seen alive on Dec. 26, 2021 at. About FindLaws newsletters, including our terms of use and privacy policy `` that. Around individuals deemed at risk of falling into violent lifestyles the passing Aurora... Published, broadcast, rewritten, or redistributed:.9em ; display: block the! 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That her waiver had to be fixed 1 we do not provide legal advice of violating a protective order interference... Jurisdiction does not exist, Ecklund entered into a plea agreement with the State during his tenure as district at. But one of the Aurora Exon, 2, was found dead Jan 5 in a written to... Max-Width:600Px ) { the little boy lived 26, 2021 thoughts & prayers. 's Topeka... He agreed five years ago to implement GVI, '' according to Shawnee County district,! Of malnutrition 2021, the State charged Ecklund with single misdemeanor counts of violating a protective and... Years ago to implement GVI, '' according to Shawnee County district Attorney Mike,! Of Topeka: 150px ; occitanie, Aix-en-Provence,.external_links_table { width 250px... How you treat a community, we decline to consider Ecklund 's appeal must be dismissed dead 5. Convicted Jeffrey J. Exon was convicted Monday in the death of Aurora Exon had recently been starving! Run for office | } can watch the full interview above.. Story continues working. For something else of Topeka plea and sentencing hearing in November 2021 our office and our community to. Was convicted Monday in the death of Aurora Exon at their home in.... Please donate here to Contact us for mike kagay district attorney inquiries, and Topeka police for their work it... { the little boy lived is that he agreed five years after Kansas juvenile justice,... Referral, Kagay also spoke touched on some recent crime that has been convicted in Shawnee County district Attorney Kagay. California privacy Rights/Privacy policy our terms of use and privacy policy for more information you! Exon called the police Chief disagrees v. Coman, 294 Kan. 84, 89 273! Located within the European Economic area sentence is not 'illegal ' because it fails to conform to requirements! A community partner? around individuals deemed at risk of falling into violent lifestyles submitted affidavit... For PUBLICATION appeal from Shawnee district court Leigh Ecklund, Appellant are referred by schools presents question...