Tuesday, 9 Mar 2010
From The Wichita Eagle

 BY JEANNINE KORANDA

Eagle Topeka bureau

TOPEKA — Former opponents of a statewide
smoking ban have found a bill they can support.
But advocates of a complete ban say
House Bill 2642 does very little.

The bill would create an indoor smoking ban
somewhat similar to Wichita's. Businesses
could have indoor smoking if they paid a
$1-per-square-foot annual fee.

A business that allowed smoking would
have to serve only customers older than
18, unless it had a sealed-off smoking
section with a separate ventilation system.

The bill would override more stringent
local indoor smoking bans.

"It's disappointing to see that the price
of public health set in this bill is $1
per square foot," said Kansas Department
of Health and Environment's health
director Jason Eberhart-Phillips, a
physician. who testified Wednesday before
the House Committee on Health and
Human Services.

He urged the committee to consider a
comprehensive smoking ban, which
passed the Senate in the 2009 session
but stalled in the House committee.

One objection to last year's bill was an
exemption for the state-owned casinos .

Eberhart-Phillips said he would prefer to
see the ban extended to the casinos, but
would accept a bill that was 99 percent
encompassing.

To read the rest of the story, click here 

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    A Place For Tiger, Attorney-Client Bout ... and The Insecurity of The Hutch News
    Opinion & Editorial
    Written by The Effort Staff   
    Feb 22, 2010 at 05:45 AM

    ImageHUTCHINSON -- I guess I need to provide a space for readers who wish to comment on Tiger Woods’ unemotional, poorly choreographed, insincere reading of a prepared statement in which he apologized for multiple acts of recreational adultery to sponsors, foundation trustees and media members, but not to his own wife.

    One thing became clear out of it -- he is out of his league with Elin. She was smart enough not to show up. He was too dumb not to. Elin has served as the single monument to decorum and grace throughout … well, at least since she dropped the golf club with which she terrorized Tiger’s SUV back when and then moved to a private island she owns. The chick’s got her own island … damn. That, for all you single men out there, is known as a “good catch.”

    Or, you may wish to forward your thoughts on the follow-up news conference with the reptilian Gloria Allred and her porno movie whore-client, who not only insisted she has “feelings” but has announced she aborted a pregnancy in which Tiger was the contributing male. If that’s true … man, alive … talk about tearing up a winning lottery ticket … .

    My own view is the Allred-Whore follow-up was simply a warning shot fired over Tiger’s bow: “Don’t play with me. Write the check. Or I’ll do this once a month.”

    Anyway, comments are open at the end of this column.

    <

    A final couple of thoughts on the attorney-client shoving match that The Hutch News didn’t think was a story until it was published first in The Effort: I don’t understand how any attorney can inaccurately contend a jury verdict came back at 5:30 or 6 p.m.,when it, in fact, came back at 1:15 p.m. Particularly, a jury verdict that went in the defense attorney’s favor -- that would, ostensibly, make it “memorable.”

     

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    CORRECTION
    Local News
    Written by By Dwight Jurgens   
    Feb 19, 2010 at 05:41 AM

    There were two minor inaccuracies in the below story concerning Hutchinson Attorney David Holmes and an incident at Carl's Bar, a downtown Hutchinson restaurant.

    **Holmes was not at the restaurant when the owner called for police. He had already left and police instead went to Holmes' office, where they advised him of criminal trespass if ever returned to Carl's Bar.

    **Holmes allegedly scraped the condiments on his bun off onto the table before reportedly smearing them around on the table.

    The errors have been fixed in the story.

    Dwight Jurgens

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    Hutch Attorney Charged With Battery; Days Later Ordered to Stay Out of Downtown Bar and Grill
    Local News
    Written by By Dwight Jurgens   
    Feb 17, 2010 at 08:12 PM

    HUTCHINSON -- A local defense attorney has been charged with misdemeanor battery after an altercation with a former client and, in a separate incident, ordered to stay out of a popular downtown bar and grill.

    Attorney David Holmes was charged with battering William Cox, 37, after Cox went to Holmes’ law office on East 2nd Feb. 8 to pay Holmes for legal representation.

    Apparently a shoving match ensued. Police showed up and arrested Cox for investigation of misdemeanor battery and three counts of disorderly conduct. He later posted a $500 bond.

    A few days later, Holmes was issued a Notice to Appear in municipal court, charging him with battering Cox.

    Both men appeared in court Monday and entered not guilty pleas. Cox is due back in court March 3 for a pre-trial.

    No date has been set for Holmes because both City Prosecutor Mike Robinson and Municipal Court Judge Tad Dower have recused themselves from hearing Holmes’ case.

    Instead, Kingman attorney Matthew Ricke will serve as prosecutor and Pratt lawyer Rob Eisenhower will sit as judge in Holmes’ case. Holmes has indicated he does not want a pre-trial but wishes to go straight to trial, according to court personnel.

    If Cox and the city cannot work out a plea agreement at his pre-trial, the two out-of-town attorneys will hear his case, as well.

    And earlier this week, police were called to Carl’s Bar, 103 N. Main, where Holmes, his wife and two others had gone to eat.

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    Judge's Interference Assured Tiller Jury Would Grant Government's Wish
    Opinion & Editorial
    Written by By Ken Lucas   
    Feb 02, 2010 at 04:48 AM

     Image HUTCHINSON -- It is unfortunate that Sedgwick County District Judge Warren Wilbert decided to deny Scott Roeder his right to a trial by a jury that was independent of government control.

    Roeder had admitted to the crime of Voluntary Manslaughter [the “honest but unreasonable belief” that the use of force was necessary in defense of another] in the killing of Dr. George Tiller, but the prosecution decided it wanted him convicted instead of the much broader crime of 1st Degree Murder.

    Instead of giving the jury the choice between the two crimes, Judge Wilbert sided with the prosecution and told the jury that it could only find Roeder guilty of 1st degree murder …or not guilty of any crime. Jurors went into the jury room, did what the judge told them to do and found Roeder guilty of 1st degree murder 37 minutes later.

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