State v. Beerbower - Supreme Court of Kansas

State v. Beerbower

By Supreme Court of Kansas

  • Release Date: 1997-04-18
  • Genre: Law
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State v. Beerbower Supreme Court of Kansas Book Review Score: ★★★★★ 5/5 stars

The opinion of the court was delivered by This is an appeal by the State, pursuant to K.S.A. 22-3602(b)(1), from the dismissal on double jeopardy grounds of charges of driving under the influence and while suspended against Gary D. Beerbower. The dismissed charges had been refiled after an earlier case was dismissed by the court at trial when the State's primary witness did not appear. Factual background In December 1995, a complaint was filed against Beerbower for DUI and driving while suspended. The case was set for trial in February 1996, but continued until March 25, 1996, when the record shows the following colloquy occurred: ""THE COURT: Beerbower, 95CR170. Do you wish an opening statement? ""SWARTS [county attorney]: No, Judge. I just need to check to see if my officers are in the courtroom. ""THE COURT: Do you wish an opening statement? ""GENTRY [defense counsel]: No, Judge. ""THE COURT: All right. Call your first witness then. ""SWARTS: It will be Officer Shaaban. S-h-a-a-b-a-n. Last time when we were here, Judge, Mr. Shaaban was told the case would have a new date. County Attorney's Office neglected to tell him it was today's date. Can we continue it? It was continued to the last week of March, and I didn't give him a date, so he's not out there. So I would ask for a few minutes because one of the officers is here. ""THE COURT: Well, call your second officer then. ""SWARTS: Well, hate to start and then find out the other goes to Tennessee or something. ""THE COURT: Well, Counsel, I'm ready to proceed. I'll take a short recess while you call your first officer in and somebody in your office call[s] to see if this officer [is] coming. ""SWARTS: He's being called right now. ""THE COURT: What's the second officer's name? ""SWARTS: James Dean. ""THE COURT: Okay. All right. Why don't you call Officer Dean, then we'll proceed with that testimony. ""SWARTS: Well — ""THE COURT: Why don't you get Officer Dean and we'll start with that. ""SWARTS: I'd ask for a continuance, Your Honor. Officer Dean is here but Officer Shaaban is in Iowa.

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