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(Cite as: 2004 WL 1087087 (Kan.App.))

Court of Appeals of Kansas.

Lincoln C. BROWN, Appellant,


STATE of Kansas, Brown County Courthouse, and Brown County Sheriff's

Department, Appellees.

No. 90997.

May 14, 2004.



*1 Lincoln C. Brown appeals the denial of his K.S.A. 60-1507 motion, alleging that the State lacked jurisdiction over a victimless crime perpetrated by a Native American on a tribal reservation. The district judge reviewed the criminal file and proceedings and summarily denied the motion.

The Kansas Supreme Court has stated that the appellant has the burden on appeal to furnish a record which affirmatively shows that prejudicial error occurred in the trial court. See State v. Navarro, 272 Kan. 573, 588, 35 P.3d 802 (2001). Without such a record, this court presumes the action of the trial court was proper. 272 Kan. at 588.

Brown has failed to provide this court with an adequate record on appeal. Hence, we have no meaningful way to review Brown's claims. Without a record, we must presume that the trial court made the correct ruling and we must affirm.

As a more direct response to Brown's claim, we note that the Kansas Supreme Court held that Kansas does have jurisdiction over all offenses involving Native Americans on tribal reservations. State v. Nioce, 239 Kan. 127, 716 P.2d 585 (1986).


2004 WL 1087087 (Kan.App.), Unpublished Disposition