New judge: Be fair, be honest, be consistent
JUDGE STEVEN R. EBBERTS AT A GLANCE
Born in Garden City, raised in Burlington. Parents are Ray Ebberts, a high school guidance counselor, and Betty Ebberts, an administrative assistant and waitress. 1993 graduate of the Washburn University School of Law. Likes to refurbish older cars to stock condition. Favorite movies: "Shawshank Redemption," "Forrest Gump" and "Cool Hand Luke."
The 1969 Ford Galaxie 500 convertible would run, but it didn't have any power when Steve Ebberts took the car to his advanced auto mechanics class at Burlington High School.
"He looked it over," Terry Reams, the auto mechanics teacher at the time, said of Ebberts.
" 'I think it's wired backward,' " Ebberts, who had a knack for diagnosing electrical problems, told Reams. The Ford's wiring was backward on the distributor, Ebberts changed it, and the car ran fine.
"He made a pretty good discovery," Reams recalled of his student, who took three yearlong courses in auto mechanics, doing "quite well" in them.
At 2:30 p.m. Aug. 26, Steven R. Ebberts, a 1985 Burlington High School graduate, will be sworn in as the newest Shawnee County District Court judge.
Ebberts was "studious and serious" in high school without being an "egghead," Reams recalls. Reams was a teacher for 27 years before he retired 14 years ago. "He was very, very level-headed and made good decisions. He was very responsible."
Reams described Ebberts as a "super good guy," who will "make a really good judge."
Reams and the late Stan Banks, a high school civics teacher, taught him that public duty, civic duty and service, and being a government employee are noble, Ebberts said.
His parents, Ray and Betty Ebberts, also were inspirational.
"My dad always said be fair, be honest and be consistent. Those are the values I've tried to follow," Ebberts said. "Being an attorney and a judge really gives the opportunity to follow those values to its highest. That's a big deal for me.
Kansas Appointment Of Counsel Appeals - News
Because this appeal, at its core, challenges the district court's decision regarding how much compensation to award counsel, this court dismisses for lack of jurisdiction. In 1985, Mr. Rojem was convicted of first-degree murder, kidnaping, and rape.
Ebbertsí appointment fills a vacancy created when the governor appointed Shawnee County District Court Judge David Bruns to the Kansas Court of Appeals. Born in Garden City, raised in Burlington. Parents are Ray Ebberts, a high school guidance
Prior to her role at Portsmouth Regional Hospital, Jamieson was CEO at Parkland Medical Center in Derry, and was COO and general counsel of Anna Jacques Hospital in Newburyport, Mass. She also has held several positions at Cerner Corporation in Kansas
Most senior counsel who spoke to a news agency slammed the collegium system, linking it to incidents of judicial misconduct. Senior counsel Raju Ramachandran said that "judges should not be hyper-sensitive to such criticism" as the "criticism of (the
For Elise Taggart, a queer sexuality and gender therapist, co-working at Pink Asterisk* is more than just a space to counsel clients. By partnering with Wheelock and Walk Elise can access their knowledge of Internet technology to provide virtual
No. 102454. - ALBRIGHT v. STATE - KS Supreme Court
An appellate court's jurisdiction depends on several factors, including the timely filing of a notice of appeal. In this appeal, it is undisputed that the notice was not filed by the statutory deadline. Nevertheless, K.S.A. 60–1507 movant William D. Albright asks for a waiver of the rule as a remedy for the deficient performance of his appointed counsel. As evidence of his contention that he received ineffective assistance of counsel, he cites his appointed counsel's failure to timely file a notice of appeal from the district court's judgment denying his K.S.A. 60–1507 motion.
His argument was rejected by the Court of Appeals, which dismissed his appeal on June 25, 2009. On petition for review, the parties suggest there is tension in the holdings and rationale of this court's decisions in State v. Patton, 287 Kan. 200, 195 P.3d 753 (2008); Guillory v. State, 285 Kan. 223, 170 P.3d 403 (2007); Kargus v. State, 284 Kan. 908, 169 P.3d 307 (2007); Brown v. State, 278 Kan. 481, 101 P.3d 1201 (2004); and State v. Ortiz, 230 Kan. 733, 640 P.2d 1255 (1982). The variance in the holdings and rationales of those decisions, according to the parties, make it unclear whether there is or should be a recognized exception allowing an out-of-time appeal if the delay resulted from ineffective assistance of appointed 60–1507 counsel.
After discussing the rationale and holding of each of these decisions, we conclude the Court of Appeals should not have dismissed Albright's appeal because appointed counsel's performance was deficient and the appropriate remedy is to exercise jurisdiction over Albright's appeal. Therefore, we remand to the Court of Appeals for its consideration of the merits of Albright's appeal.
Facts and Procedural Background
Albright was convicted in 1999 of premeditated first-degree murder and received a hard 40 life sentence. This court affirmed in State v. Albright, 271 Kan. 546, 24 P.3d 103 (2001). Then, Albright pursued postconviction 60–1507 relief on the basis of ineffective assistance of trial counsel; the Court of Appeals reversed in an unpublished decision and remanded for a new trial. State v. Albright, No. 90,216, 2004 WL 1041350 (Kan.App.2004) (unpublished opinion). In his second trial, Albright was again convicted of premeditated first-degree murder and received a hard 40 life sentence. His conviction and sentence were affirmed in State v. Albright, 283 Kan. 418, 153 P.3d 497 (2007).
Kansas Appointment Of Counsel Appeals - Bookshelf
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1997-071 | 8/27/1997 | Kansas Attorney General Opinion
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