State v. Phelps

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by the State from an order dismissing the criminal charges filed by the State. The defendant, Fred W. Phelps, Sr., was charged with two felony counts of aggravated intimidation of a witness, contrary to K.S.A. 21-3833, and disorderly conduct, a misdemeanor, contrary to K.S.A. 21-4101.

This case originated in 1992, nearly 7 years ago, and has traveled many paths so that it is necessary to focus on the legal issues involved and not become enamored with the many interesting but irrelevant arguments. The facts and procedural…