. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. 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. But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. They have yet to make a single referral to the program. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. .widget-row.value-only.black { 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. Occitanie, Toulouse, 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. border: 1px solid #a2a9b1 !important; To the family, you will be in my thoughts & prayers." Nouvelle-Aquitaine, Montauban, More:Topeka police are in a staffing crisis, a union official says. 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. He is ideally suited for this new role, and we are fortunate to have him.. I will pray for them, and I hope they will do the same for me.. 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. Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. 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? In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. Topeka police quicker to shoot Black men with knives than white men with machetes, groups say, As YWCA Northeast Kansas hosts Week Without Violence, 'There's always work to be done'. float: right; See Phinney, 280 Kan. at 399. Kagay, a Republican, said he already has begun to address many of those issues during his tenure as district attorney. display: inline-block; The archdiocese says it will continue with evaluating Pilchers status as a priest. 22-3602(a). 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 among young adults, focusing instead on a program geared mostly toward children. 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. 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. Ballot measures, Who represents me? 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. Exon's substance abuse problems led to his not feeding his kids for days, the court heard. We thus dismiss. Kagay assumed office on January 9, 2017. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. U.S. Congress | 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. Kagay assumed office on January 9, 2017. 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. 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. She also claims that her waiver had to be written and filed in the district court. Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. All rights reserved. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. She also claims that her waiver had to be written and filed in the district court. And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. } Kansas law defines first-degree felony murder as homicide resulting from the commission, attempt to commit or escape from an inherently dangerous felony, which prosecutors said was aggravated child endangerment in James Exon's case. Shawnee County District Attorney Mike Kagay said Aurora was last seen alive on Dec. 26, 2021. Follow him on Twitter at @byRafaelGarcia. margin-top: 1px; .widget-row.value-only { .widget-row.Libertarian { margin-bottom:0px; He deserves the same. Exon's 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 . Strategies Against Violence Everywhere initiative, 'Who do they look up to? Saint-Martin-d'Hres, padding-left: 10px; 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. background-color: #003388; deem[ed] proper.". Ahrens said. .widget-row.Green { Accordingly, we decline to consider Ecklund's constitutional argument that she failed to raise in district court. The police chief disagrees. ", Opening arguments were given yesterday in the trial of Jeffrey J. Stay up-to-date with how the law affects your life. The Legislature established the committee to: evaluate resources available to assess and treat people assigned to specialty courts or for operating specialty courts; secure grants, funds, and other . 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 . Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { 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. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. 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. This material may not be published, broadcast, rewritten, or redistributed. ", Aurora Exon, 2, was found dead Jan 5 in a home on S.W. 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. She also loved cheese and peanut butter crackers," the obituary states. 22-3602(a). 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