State v. Stansbury, 112217 KSCA, 117, 235

Docket Nº:117, 235
Opinion Judge:PER CURIAM.
Party Name:State of Kansas, Appellee, v. Corey Stansbury, Appellant.
Attorney:Bryce Haverkamp, of Garden City, for appellant. Kristafer R. Ailslieger, deputy solicitor general, and Derek Schmidt, attorney general, for appellee.
Judge Panel:Before Arnold-Burger, C.J., Leben and Powell, JJ.
Case Date:November 22, 2017
Court:Court of Appeals of Kansas
 
FREE EXCERPT

State of Kansas, Appellee,

v.

Corey Stansbury, Appellant.

No. 117, 235

Court of Appeals of Kansas

November 22, 2017

NOT DESIGNATED FOR PUBLICATION

Appeal from Ford District Court; E. Leigh Hood, judge.

Bryce Haverkamp, of Garden City, for appellant.

Kristafer R. Ailslieger, deputy solicitor general, and Derek Schmidt, attorney general, for appellee.

Before Arnold-Burger, C.J., Leben and Powell, JJ.

MEMORANDUM OPINION

PER CURIAM.

Corey Stansbury appeals his conviction for violation of a protective order, claiming his fundamental right to parent his children was violated by his conviction. Because the protection order prohibited Stansbury from using his children as a conduit to communicate with his ex-wife but did not prohibit him from communicating with his children, we find the protection order did not impermissibly restrict Stansbury's parental rights and, therefore, affirm.

Factual and Procedural Background

Stansbury was common-law married to Nichole Stobaugh, and they were together from 2007 through 2013. Two children were born of their marriage-Lily and Jayden. Stansbury and Stobaugh were divorced in 2013; afterwards, they shared joint legal custody of their children.

At Stobaugh's request, on December 17, 2015, the district court entered a protection from stalking order that was to remain effective until December 17, 2016. The order stated in relevant part that Stansbury "shall not . . . contact or otherwise communicate with [Stobaugh]"; "shall not contact [Stobaugh], either directly or indirectly"; and "shall not direct or request another to contact [Stobaugh], either directly or indirectly." The order did not prevent Stansbury from contacting his children.

Only a month later, in January 2016, Stansbury was arrested for violating this protective order. He was ultimately charged, pled guilty to the charge, and was given a 60-day suspended sentence, one year of unsupervised probation, and assessed fines.

On April 4, 2016, while Stansbury was in jail on an unrelated matter, he mailed a letter to his son, Jayden. In the letter Stansbury discussed how he was doing...

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