Maughan & Maughan LC launches web site - www.MaughanandMaughan.com

We at Maughan & Maughan LC are pleased to announce our entry into cyber space with the launch of our web site on Friday November 23, 2007.

Visit our Web Portal at: http://www.maughanandmaughan.com/

Happy Thanksgiving

The attorneys and staff of Maughan & Maughan LC would like wish our friends, families, clients and colleagues a happy thanksgiving. We pray that you and yours will have a safe and happy Thanksgiving weekend and that you will find the time to thank your God for the blessings you have, for we all have some.

We would like to express our thanks to all those who have gone before us who have lived and fought, struggled and died to create a nation and a legal and political system which President Ronald Reagan so aptly described as a shining city on a hill. We pray for the strength to fulfill our duty and responsibility as Americans to live and fight, to struggle and perhaps die to preserve this nation, its ideals and its philosophy for future generations of Americans. After all, the pre-amble of the Constitution tells us that our political / legal system was established to – “secure the blessings of Liberty to ourselves and our posterity”

The rights and interests which we at Maughan & Maughan LC strive to defend on a daily basis have been given to us by God but maintained through the generations by those who have gone before us. Without those who put their lives, fortunes and their sacred honor at risk to found this nation and all those who have worked to maintain it for the next generation there may not be any significant rights for us, as lawyers, to defend.

We are grateful for those who have taken their responsibility to secure and pass on the blessings of liberty to another generation seriously and seek to honor them by doing the same.

Happy Thanksgiving.

Prosecutor declines to re-try Maughan & Maughan LC client for DUI after mistrial.

Maughan & Maughan LC client has something to be thankful for on this Thanksgiving as the prosecutor officially announced that they would decline to continue prosecution of our client after a jury was unable to reach a verdict. Recently we reported that despite evidence that our client's breath alcohol concentration was.254 and evidence that he was involved in an injury accident, the jury reported that they were unable to come to a unanimous decision. After attorney Carl Maughan defended delivered his closing the jury deliberated for three hours before announcing that they were hung. The court had declared a mistrial and the matter had be scheduled for re-trial in December. Today, however, the prosecutor officially announced that they would not continue with the prosecution against our client.

The real victory in this situation goes to the rule of law and our constitutional rights. Our system depends upon the notion that we are Innocent unless the prosecutor can prove their accusations beyond all reasonable doubt. Apparently after further review, the prosecutor's office concluded that they would be unable to prove when the accused may have last driven the vehicle or what may have occurred between the time of driving and the time of arrest. To their credit, the prosecution, apparently concluded that without being able to prove this key element of the case it would be futile and unfair to continue to proceed against our client.

We are grateful for the victory on behalf of our client and remind all of our friends and clients to drive safely this holiday season. If you have celebrated the holiday with an alcoholic drink or two please have a friend, cab or other designated driver drive you home.

Happy Thanksgiving.

Maughan & Maughan named in top 25 Wichita law firms by Wichita Business Journal.

On November 16, 2007, the Wichita Business Journal published its annual Book of List. We are proud to note that Maughan & Maughan LC was listed in the top 25 law firms in the City of Wichita. It is with thanks to our attorneys, staff and clients that we have achieved this milestone. We look forward to a bright future in which we continue to grow and to increase the ways in which we are able to represent our clients, protect their rights and defend their interests.

Maughan & Maughan client with.254 BAC after an accident not convicted of DUI

During the week of November 12, 2007, Carl Maughan of Maughan & Maughan LC was involved in a jury trial where Mr. Maughan defended the interests of a young man who had been accused of driving a vehicle while under the influence of alcohol. On Thursday Morning at 10:30 a.m, after three hours of deliberations, a jury announced to Sedgwick County District Court Judge Goering that, despite the introduction of evidence which suggested that the defendant may have been involved in an injury accident and that his breath alcohol concentration was .254 (more than three times the legal limit), they were unable to reach a verdict. The final count (in this six person jury) was five to one in favor of acquittal on the charge of driving with a Blood alcohol concentration of above .08 at the time of driving, and four to two in favor of a guilty verdict regarding the charge that the defendant drove a vehicle while so intoxicated that he could not safely operate the vehicle.

While we are saddened that we can not report an outright victory, the declaration that the jury was deadlocked resulted in the declaration of a mis-trial. We will need to re- try the case in December. However, the verdict ensures that our client is still not guilty. The jury was unable to determine when the defendant may have last driven the vehicle. Without knowing when the defendant last drove they could not determine whether he was intoxicated or above .o8 at the time of driving. In light of the evidence, we are happy with the outcome and confident that we will prevail if we need to try this case again in the future. You will learn the outcome here as soon as we know of it.

Thank you to the members of the United States Military and their family.

At Maughan & Maughan LC we strive to defend the constitutional and legal rights of our clients and represent their best interests in the civil arena. However, as we mark Veterans Day 2007, it must be noted with humble gratitude that the rights and interests we seek to defend, and our very ability to fight on behalf of our clients, stands on the shoulders of those who have fought for, defended and (all to often), died to protect the political and legal system in which those rights are enshrined.

Both on this special day of tribute, and on every day, we offer our thanks to those who have taken up arms on behalf of our country and her interests around the world and across the years.

From the patriots who left their homes and farms to fight in the revolutionary war, to those who sought to maintain the new nation in the war of 1812, to those who fought for the principles of freedom on both sides of the civil war, to those who stood against tyranny in two world wars, Korea and Vietnam, to those who stand vigil against a new breed of extremist tyranny in Iraq and Afghanistan and to the countless many who put their lives at risk in nameless, unnoticed or unremembered conflicts and actions to defend United States, her interests and her principles, We thank you and pray for you.

On a personal note, November, 11 has special significance and meaning for Maughan & Maughan Partner, Carl Maughan as it coincides with the anniversary of the day on which a generation of people in a small British Colony in Southern Africa had the courage to stand against the power of Great Britain and world opinion. To declare themselves free and independent. In making a unilateral declaration of independence from Great Britain, the people of Rhodesia took destiny into their own hands to preserve their freedom and their way of life for the next generation. I, along with others who were born in, or lived in Rhodesia or Zimbabwe between 1965 and the start of the recent disintegration of the Zimbabwean economy and political system, owe a debt of gratitude to those who, at great risk, and with great courage, stood tall and declared themselves to be free, self governing and independent. They preserved the values, ideals and way of life of a people for another generation. I pray that we Americans can do the same for the generation to come.

Maughan and Maughan LC continues to grow.

On November 5, 2007 Matt Dwyer started work as an associat attorney at Maughan and Maughan LC. The addition of Mr. Dwyer to the Maughan and Maughan team of attorneys will enhance the firm's ability to defend the rights and protect the interests of our clients. Mr. Dwyer will work primarily in the area of criminal defense, appellate advocacy and civil litigation.

The firm welcomes Matt and looks forward to the enhanced service we will be able to provide our clients as we continue to grow.

Maughan & Maughan Attorney returns from active duty in defense of freedom

Maughan & Maughan founding partner, Faith Maughan returned from a stint in South Korea where she had been serving the United States Military in her role as an officer on the Judge Advocate General Corps of the United States Army. Faith had volunteered for the duty in which she participated in a joint military exercise involving all branches of the United States military as well as the South Korean military personell.

We welcome Faith's return to her role as admisinistrative partner and to her practice in the area of probate and juvenile law. To say we are happy to have her back is a gross understatement. More importantly, however, we are proud of her sacrifice in the defense of the United States, our allies, and the principles of freedom we cherish.

We would like to say thank you to Faith and all the members of our military and their families who volunteer to defend our rights and freedom. Let us all honor their sacrifice by asserting our freedoms and exercising our rights.

Maughan & Maughan Attorney argues the right of a defendant to present his own theory of defense before Kansas Supreme Court

In the opening argument for the September docket of the Kansas Supreme Court, Maughan & Maughan appellate attorney, Carl Maughan, appeared to argue on behalf of Akira Brown's appeal of his conviction for first degree murder following an apparently gang related fatal shooting outside a night club in Wichita's old town district. While several issues were raised in the briefs for the appellant, the oral advocacy centered around Counsel's assertion of the constitutional right's of a criminal defense to present his own theory of defense throught his attorney to the jury and to confront the witnesses against him.

A decision by the Kansas Supreme Cpurt is expected in late October or Early November. Mr. Brown's attorneys remain confident that the constitutional rights to present a defense and confront one's accusers will be upheld before the Kansas Supreme Court as they have recently been up held by the United States Supreme Court in Davis v. Washington http://www.supremecourtus.gov/opinions/05pdf/05-5224.pdf and Holmes v. South Carolina. http:///www.supremecourtus.gov/opinions/05pdf/04-1327.pdf .


KATE ZIGTEMA TO JOIN MAUGHAN & MAUGHAN LC.

On another front, Maughan & Maughan LC is pleased to announce the addition of Kate Zigtema to our legal team. Kate will join the firm as an associate and will add extra depth to our criminal defense team.

Kate completed her undergraduate degree at Georgetown University in 2004 with a double major in International Business and Finance. Kate graduated from the University of Kansas School of Law in 2007.

While at law school, Kate represented Kansas University in the Jessup International law moot court competition, She also worked with the Kansas Journal of Law and Public Policy. received court room experience as an employee of the Johnson County District Attorney’s where she prosecuted felony and misdemeanor crimes on behalf of the State of Kansas.

Kate will focus her practice on criminal defense litigation. Primarily, she will be providing legal services to our indigent clients under the Maughan & Maughan's contract to provide indigent defense services to those accused of crimes in Wichita Municipal Court.

We look forward to a long and fruitful association with Kate and welcome her aboard.

Maughan & Maughan lawyer wins another not guilty verdict in Wichita Municipal Court

Logan Brown, once again obtained a not guilty verdict for one of the indigent citizens who qualified for a court appointed attorney in Wichita Municipal Court. Our client had been accused in two separate cases of committing misdemeanor crimes for Domestic Battery and disorderly conduct. After a consolidated trial on these two criminal charges, the court found the defendant guilty of one count of Criminal Damage to Property. However, On the more serious of the charges, domestic Battery, the client was found not guilty. The client's acquital on these accusations is the second not guilt verdict obtained by Logan Brown, an associate at Maughan and Maughan LC, within the last week. Congratulations Logan for another successful representation of one of our clients.

Maughan & Maughan attorney asserts clients 4th amendment rights and obtains dismissal of criminal charges.

Logan Brown, an associate at Maughan & Maughan Law, obtained a dismissal of the misdemeanor possession of a concealed weapon charge against his client. The dismissal follows the filing, and litigation ,of a motion to suppress evidence after an illegal traffic stop conducted by the members of the Wichita Police Department. The defendant had been detained by law enforcement after a police officer observed his vehicle leave its lane of traffic briefly before returning to its lane. Logan arged that, in accordance with the recent decision from the Kansas Court of Appeals in State v. Ross., (Court of Appeals Docket # 94,503, opinion issued January 17, 2007) which held that a brief divergence from a lane of traffic is not necessarily a violation of Kansas law unless there is evidence that it is unsafe to do so. In Logan's case, there was no evidence that it was unsafe for the vehicle to deviate from its lane of traffic. The Court agreed that there was no violation of law which justified the defendant's seizure by law enforcement. Accordingly all evidence found as a result of the illegal seizure was found to be inadmissible in court. As a result the prosecutor dismissed the charges against our client.

As a side note, the victory in court ultimately heleped preserve the defendant's second amendment right to bear arms. The client's firearm was returned to him.

Logan won this victory while representing an indigent client in Wichita Municipal Court where Logan serves as a public defender.

Congratulations Logan.

Maughan & Maughan Attorney Deploys to Korea to Serve the United States..

Faith Maughan, a founding partner at Maughan & Maughan, moved from defending the rights and interests of her clients as an attorney to defending the interests of the United States earlier this week when she was deployed to South Korea to represent her Army Reserve unit in military exercises on the Korean Peninsula. We thank her for her service to the country, and wish her a safe journey. She will be missed until she returns.

When Faith is not standing on the line between freedom and government oppression as an Army officer, she focuses her practice on Juvenile law in which defends the rights and best interest of children as a Guardian Ad Litem in cases involving a child in need of care (commonly known in Kansas as CINC cases). She also practices in the area of probate law representing clients in al legal matters involving wills, trusts, estates and guardianships. She also serves our community as a Judge in the municipal Court of Colwich, Kansas, a small town in Sedgwick County Kansas.

Felony Possession of Ephedrine conviction reversed on Appeal

In State v. Maness, (Court of Appeals Docket # No. 96,024 (Kan. App. July 27, 2007) The Kansas Court of Appeals issued an unpublished opinion reversing the appellant's felony conviction for possession of pseudoephedrine. Maughan & Maughan Attorneys successfully argued that the trial court should have granted the defendant's motion to supress evidence which was illegally obtained in violation of the defendant's right to be free from unreasonable searches and seizures. The client had arrived at a local grocery store i na vehicle bearing Oklahoma tags. Our client and one other individual went into the store and then went their separate ways to do their shopping. Both individuals purchased some cold medication containing Pseudo Ephedrine and then met back at their vehicle. Such action does not warrant being seized, questioned and searched by law enforcement officers. Accordingly, the Court of Appeals reversed Sedgwick County Judge Rebecca Pilshaw's finding that the evidence was legally obtained and remanded the matter to the district court. In light of the fact that the government will have no legally obtained evidence, it is not expected that a new trial will be sought.

Maughan & Maughan Attorney obtains not guilt verdict.

On July 11, 2007 Carl Maughan of Maughan & Maughan LC obtained a not guilty verdict in Wichita Municipal court where our client was accused of battery. Despite admissions on the part of the defendant to bodily contact with the complaining witness, the defense attorney, Carl Maughan, was successfully able to assert the defendant's right to self defense.

After reviewing the testimony of the complaining witness, who had been cross examined by the defense attorney, the court issued a statement of its findings in whcih the court noted that the complaining witness lacked credibility.

The result: A not guilty verdict and a very happy client.

Maughan & Maughan attorney argues to protect your privacy interest in the information found in your DNA.

Carl Maughan of Maughan & Maughan LC appeared before the Kansas Court of Appeals today to argue a case of apparent first impressions. The issues that consumed the oral arguments was whether an individual may have a continuing privacy interest in their DNA regardless of whether a DNA sample had previously been lawfully obtained from the individual.

DNA databases are constantly being compiled by the State and Federal governments. The DNA samples are generally obtained through search warrants in individual cases or through statutory requirements that convicted felons provide samples to the government.

Given the vast amount of private and intensely personal information that could be found through the searching of an individual's genetic code, we argued that each individual search of the DNA sample to find comparisons with a suspected genetic materials should be treated as an individual search. Accordingly such searches should only be conducted after a neutral and detached magistrate has determined that there is probable cause to believe that there is probable cause to believe that a search of the individual's DNA for genetic markers that match a suspect sample will provide evidence of a crime.

We argued that DNA should be treated in the same way the courts treat the search of computer hard drives. Specifically, a search warrant issued to allow the seizure of a computer and the search of the hard drive for evidence of a drug crime, does not allow the government to open file folders which may provide evidence of a sex crime unless a new warrant is issued based upon probable cause to believe the extended search would reveal evidence of such a crime.

As the science improves and we learn more and more about the information contained within the human genome, the possibility of the government using DNA databases to access personal and private information about the individuals who's DNA samples are maintained in the database grows.

Failure to protect the privacy of the information contained in the DNA of citizens by requiring that the government obtain a search warrant before they scan through the information contained therein places our most private and personal information at risk for governmental intrusions, inspection and dissemination.

We, as human beings have a privacy interest in the information contained in our genetic material. That privacy interest is worth defending. The attorneys of Maughan & Maughan have risen to the challenge.

Lap Dances are free speech, yet donating money to a political party is not?

So, Let me get this straight; Lap dances are free speech with constitutional protection (at least under the Oregon State Constitution) (See:article)
But donating so called soft money to a political party in an effort to express your own political beliefs and desires is not? (See McConnell v. Federal Election Commission,540 U.S. 93 (2003) http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=540&page=93)

Yet, people try to tell me that the constitutional framework that our founding father fought so hard to establish is not being eroded.

Undermining the reasonable suspicion standard.

The Kansas Court of Appeals decided State v. Cook on Friday and published their opinion. In so doing the court affirmed the District Court's finding that a law enforcement officers decision to seize an individual because he had been seen exiting his vehicle and climbing into another vehicle for a brief period of time while in a high crime area was permissible.

While the opinion appears to continue the hollowing out of our fourth amendment protections, the dissent by Judge Greene is a welcome ray of hope.

The majority's decision would seem to allow almost any action taken by one who happens to live in a high crime area to support a detention of the individual, so long as the action causes suspicion to arise in the mind of a trained law enforcement officer. This seems to replace the "reasonably objective" standard of the past with a standard based upon the subjective opinion of the officer.

In Judge Greene's dissent he suggests that the Majority opinion comes perilously close to a position which would allow the detention of a citizen based upon a hunch so long as the hunch is formed by a law enforcement officer.

The Court's Opinion can be found at: http://www.kscourts.org/kscases/ctapp/2007/20070629/93825.htm

Logan Brown, a welcome addition to the firm.

We are pleased to announce that Logan Brown has joined Maughan & Maughan as an associate attorney. Logan's back ground in banking adds additional depth to the diversity of experience which the firm brings to the representation of our clients.

Logan was born in Wichita Kansas and attended Bishop Carroll High School. He attended Fort Hays State University in Hays, KS where he graduated in May 2003 with an undergraduate degree in Finance. While at Fort Hays, Logan was a 4-year varsity letterman while competing for the Men’s Golf Team.

Logan entered the University of Kansas School of Law in May 2003. He received his Juris Doctorate degree from the University of Kansas in December 2005. While in law school, Logan was the recipient of the Enos Hook Scholarship in Law as well as the Seminole Indian Nation Graduate Law Scholarship. Immediately following graduation, Logan worked in the Trust Department at a large national bank in Kansas City, MO. While at the bank, his work focused on ERISA retirement plans, specifically 401(k), profit sharing and pension plans for large employers and professional service firms.

Logan will primarily practice in the area of criminal defense and play a key role in assisting the firm in the representation of indigent defendants accused of crimes by the City of Wichita.

Victory for the rule of law.

Today the United States Senate responded to the power of "We the People" and voted to effectively defeat an immigration bill that could have fundamentally changed the nature of what it means to be a citizen of the United States. Those of us who have taken an oath to uphold the laws and Constitution of the United States; and those of you who look to the law and the protections of the United States Constitution to ensure your liberty must, as a policy decision, applaud this victory for the rule of law.

By acting today, the Senate has refused to ignore the law. They refused to allow the law to become a suggestion rather than an imperative.

While the personal stories of many of those who will not now be swept into legal status may be heart rending, the policy decision to uphold the law must be applauded. If the nation had chosen to ignore the law on this point in response to the emotional individual stories of people who are portrayed as poor souls who are just looking for a way to feed their family, what rule of law might be set aside tomorrow or then next day, or the next?

Perhaps it would be the rules of evidence which ensure a fair trial for one accused of a crime. After all, the alleged victims also have heartbreaking stories.

Or, perhaps it would be The Fourth Amendment's prohibition against unreasonable searches and seizures. After all, there are millions of people who have compelling and tragic personal stories about how drugs have ruined their lives. Surely, their stories and the greater good justify the disregard of laws requiring a warrant before the government searches your home and seizes your propertyin an effort to eradicate the scourge drugs.

Our constitutional system is a fragile one. The constitution itself has no power. The protection of our rights relies upon the people and the government recognizing and respecting the normative principles laid forth in the document as something which ought to be followed.

If our government makes a policy decision to ignore the rule of law then what protects our rights and freedoms from eventual subjugation?

About the firm

At Maughan & Maughan LC we strive to live up to the goals represented in the slogans.

-Client Centered Legal Representation-

-Protecting Your Rights –

-Defending your interests-

The attorneys and staff of Maughan & Maughan LC are committed to delivering legal representation and counseling which is focused on our clients, their interests, desires and concerns. We strive to listen to our clients and to represent their interest and desires with empathy while delivering honest and knowledgeable advice, counsel and assistance.We are committed to protecting your rights and Defending your interests.

ABOUT OUR ATTORNEYS At Maughan & Maughan LC our lawyers’ backgrounds range from criminal defense, prosecution, construction, banking and civil litigation. Our legal team combine to bring small town Kansas values, International perspective, east coast grit and the common sense and savvy of Midwestern cities to bear upon our client centered representation. Our lawyers, Carl F.A. Maughan, Faith A.J. Maughan, Brian Carman, Shawn Lautz and Logan Brown stand ready to advocate for you. To protect your rights and defend your interests. If our lawyers can not help you. We will help you find someone who can.

ABOUT OUR STAFF At Maughan & Maughan LC, we recognize that you are not represented by a lawyer, you are represented by a law firm. Our support staff are integral to providing representation which is centered upon the needs, desires and interests of our clients and to helping the attorneys protect your rights and defend your interests in the courtroom, boardroom or in your day to day life.

The Attorneys at Maughan & Maughan act as the Public Defenders for the City of Wichita. In June 2006, Maughan & Maughan LC won an exclusive contract with the City of Wichita to provide public defender services in Wichita Municipal Court. Our mission as public defenders is to protect the rights and defend the interests indigent citizens who are accused of crimes in Wichita Municipal Court.

About My Partner, and wife.

Faith Anne Johnson Maughan was born in Peabody, Kansas on December 9, 1970. She graduated from Peabody High School in 1989, and earned a B.A. in Psychology from Washburn University in 1993. After earning her degree, Mrs. Maughan worked for two years at Menningers in Topeka, Kansas.

Mrs. Maughan attended law school at Washburn University School of Law, earning a Juris Doctorate in May 1998. She was admitted to the Kansas Bar the same year. During law school, she clerked for Bennett & Dillon in Topeka and the City of Wichita Prosecutor’s Office.

After receiving her law degree, Mrs. Maughan returned to the City of Wichita as a prosecutor for one year. She was then an associate with Smith Shay Farmer & Wetta for three years, practicing in the areas of immigration, probate, trusts, criminal matters and civil litigation. Mrs. Maughan returned to prosecution as an assistant district attorney with the Reno County District Attorney’s Office. After two years in Reno County, she joined her husband, Carl F. A. Maughan in forming the firm that became Maughan and Maughan LC. Faith maintains a full practice and acts as the administrative partner of the firm.

Mrs. Maughan practices in the areas of immigration, probate and juvenile matters. She is a Captain with the United States Army Reserve Judge Advocate General’s Corp. Mrs. Maughan is also a member of St. Elizabeth Anne Seaton Catholic Church.

Inaugural

It seems fitting that my inaugural post should include some biographical information.

Carl Fredrick Alexander Maughan was born and raised in the Southern African Country now known as Zimbabwe. After Graduating from High School in Pietermaritzburg, South Africa he traveled to Wichita and received his Bachelor of Arts degree in 1994 from Wichita State University with a double major. in Political Science and Philosophy.

Carl earned his Juris Doctorate from The University of Akron in Ohio in May 1997. After returning to Kansas and being admitted to the Bar he set about gaining experience in the practice of law with an emphasis on the defense of those accused of crimes. In 2002, Mr. Maughan started his own law firm and worked as a sole practitioner until September 2004 when he joined with two former prosecutors, his wife, Faith Maughan, and friend Bryan Hitchcock and formed the law firm of Maughan Hitchcock LC. After Bryan returned to prosecuting the firm name was changed to Maughan and Maughan LC

Mr. Maughan maintains a general practice focusing in the areas of criminal defense, and, appellate practice, with some attention to civil trial practice, corporate law, international law and aviation law. In his primary practice areas Carl has represented clients accused of crimes including misdemeanor traffic, DUI, State and Federal drug crimes, person crimes including homecide and all areas of criminal law.

Mr. Maughan is holds a private pilots certificate, plays rugby with the Wichita Rugby Club and attends St. Elizabeth Anne Seaton Catholic Church with his wife and two children. He is a member of the National Association of Criminal Defense Lawyers and the Kansas Association of Criminal Defense Lawyers. He is Licensed to Practice before the Municipal, State and Federal courts of Kansas.

Please contact me if you have any questions or comments