Bath & Edmonds, P.A, Attorneys at Law

In The News...

December 2009

A local doctor charged with theft hires Bath & Edmonds to represent him. Client refuses all plea offers and matter is tried to jury. Jury returns not guilty verdict in less than 15 minutes.

October 2009

Super Lawyers (Missouri and Kansas) magazine names Tom Bath, Tricia Tenpenny and Robin Fowler as Super Lawyers. The Mo.-Ks edition began selection in 2005 and every year at least one Bath & Edmonds attorney has been selected. www.superlawyers.com

Trial Update

Since January 2008 Bath & Edmonds has tried 14 jury trials in state and federal courts. Charges included attempted first degree murder, second degree murder, vehicular homicide, involuntary manslaughter, federal narcotics distribution, sexual abuse, rape, theft, DUI, possession of marijuana, bank robbery and criminal damage to property.

Tom Bath Tom is one of the State’s premier trial lawyers. With more than 20 years of trial experience, he has handled thousands of cases throughout the State of Kansas. He has been selected by his peers for inclusion in the Best Lawyers in America®, widely regarded as a guide to the nation’s best attorneys. His practice has included appearances in Kansas, Missouri, Iowa, Colorado and Arkansas. Tom has tried approximately 250 bench trials and over 100 jury trials. Tom has briefed and argued in excess of 50 appellate cases before Kansas and Missouri appellate courts, and the 8th and10th Circuit Federal Courts. Tom has been practicing criminal law since 1986 and his practice is divided between Federal and State allegations. His white collar practice includes representation of individuals and corporations on complex matters ranging from health care, tax and bank fraud to allegations brought by nearly every federal regulatory agency including EPA, HUD, IRS and Department of Labor. Tom has also represented individuals in Federal court on matters including public corruption, bribery, bank robbery, narcotics distribution, RICO and prescription fraud. Tom’s state practice includes every type of allegation including embezzlement, securities fraud, narcotics, vehicular homicide, DUI, robbery, sexual assault and murder. From 1986 to 1992 Tom was an Assistant District Attorney where he prosecuted numerous high profile cases and was recognized in 1992 as the prosecutor of the year in the State of Kansas. Since 1992 his practice has focused on criminal defense. Tom is one of a select few who are asked by the courts (State and Federal) to represent persons charged with capital murder Tom has been a featured speaker and panelist on numerous state and regional conferences addressing criminal law. Tom is active in various local and state bar activities. He is a former president of the Johnson County Bar Foundation and was on the Board of Directors for the Johnson County Bar. In 2000 and again in 2004 Tom was elected by his peers to serve on the Supreme Court Nominating Commission where he participated in the nomination of five Supreme Court and eight Court of Appeals candidates.	“Thomas Bath as criminal specialist Bath & Edmonds, PA comes highly recommended as a criminal litigation expert. He handles cases that are as diverse as crime itself, including, for example DUI, capital murder and bank fraud. Interestingly, some of his recent work has involved fraud in an educational context, cracking down on the obtainment of study grants under false pretenses.” -- 2007 Chambers and Partners legal guide. Listed, Best Lawyers in America®; non-white-collar criminal defense and white-collar criminal defense. www.bestlawyers.com Fellow, American College of Trial Lawyers. www.actl.com AV rated by Martindale-Hubble “Best of the Bar” Kansas City Business Journal, 2002 - present “Super Lawyer” Kansas and Missouri Super Lawyers, 2005 - present Top 50 lawyers Kansas City, 2005 - present – Missouri & Kansas Superlawyers In 2007-2008 Super Lawyers "Switch Hitter; From Prosecution to Defense and Back Again, Tom Bath is at home on either side of the court room" 1992 Kansas Prosecutor of the Year, Kansas County and District Attorney’s Association 1990-1995 adjunct professor, University of Kansas Law School (trial advocacy) Experience: 1986-1992 Johnson County, Kansas District Attorney's Office 1992-1995 Bryan Cave LLP, associate 1996 Bryan Cave LLP, partner 1997–present Bath & Edmonds Bar Admissions: Kansas, 1986 Tenth Circuit, 1986 Eighth Circuit, 1992 Missouri, 1994 Supreme Court of the United States, 1997

Robb Edmonds Since first becoming licensed to practice law in 1985, Robb has practiced exclusively in the general area of criminal law, both as a prosecutor and as a defense attorney. He is respected among judges, prosecutors, corrections officers and fellow defense attorneys as a lawyer with a deep sense of commitment to his client’s problems, to include those problems occurring outside of the courtroom. After graduating from Washburn Law School in 1985, Robb was sworn in as an officer of the United States Army, Judge Advocate General’s Corps. After 6 months in the JAG Corps Robb was promoted to the rank of Captain. Acting first as a defense attorney, and then as a prosecutor, Robb spent 3 ½ years in Germany and Belgium defending and prosecuting soldiers in various court martial proceedings, to include rape, attempted first degree murder and second degree murder. After leaving active duty Robb remained the in U.S. Army, active reserves, until 1992. Upon returning to his home of Johnson County, Robb was hired in 1989 by the Johnson County District Attorney.Robb worked 3 years in the District Attorney’s office, primarily prosecuting felony drug cases. Necessarily, by the nature of drug cases, Robb was involved in multiple cases litigating Fourth Amendment and Fifth Amendment issues, both at a trial and appellate level. In 1992, Robb left the DA’s office to go to work with Carl Cornwell, practicing as Cornwell and Edmonds for 5 years. In 1997, Robb and Tom Bath, acting upon their association in the Johnson County District Attorney’s office, founded Bath & Edmonds, created upon a commitment to bring the highest level of result oriented representation to its clientele of persons and corporations investigated or charged with criminal acts. Presently, Robb serves voluntarily to take judicial appointments to federal cases docketed in the District of Kansas, as well as juvenile court appointments in the 10th Judicial District. As to juvenile court matters, because of his expertise, Robb is often solicited by judges to take particularly complicated, serious and high-profile matters. Robb also has experience representing juveniles in a variety of school-expulsion hearings. Over the years, Robb has often been asked to speak at various conferences and seminars, on a variety of legal topics. Most recently, Robb spoke at the 2009 annual convention of the Kansas Bar Association on the topic of ethics in criminal defense. Over the last 20 plus years, Robb has represented literally thousands of persons, in all types of courts and in all types of criminal proceedings, from the most simple bench trial to the most complicated jury trial of a homicide or drug distribution conspiracy. To whatever the charge, Robb brings the same level of zeal and competence to his client’s defense. Robb makes his home in Prairie Village with his wife and 5 children.	Experience: 1985-1988 United States Army Judge Advocate General's Corp 1989-1992, Johnson County, Kansas District Attorney's Office 1992-1997 Cornwell and Edmonds 1997–present Bath & Edmonds Member: Johnson County Bar Association Wyandotte County Bar Association Kansas Association of Criminal Defense Lawyers National Association of Criminal Defense Lawyers Education: University of Kansas (B.S. 1981) Washburn University School of Law (J.D. 1985)

Tricia Tenpenny Tricia has practiced exclusively criminal defense with Bath & Edmonds for more than ten years. As a former prosecutor, Tricia has an intimate understanding of criminal procedure and the rights of the criminal defendant. A gifted writer, Tricia puts this understanding to work in her motion and appellate practice. Tricia represents clients at all levels of criminal charging, from Municipal Court offenses to serious State and Federal allegations. Tricia’s Municipal Court practice includes defense of DUI and other alcohol-related offenses as well as battery, theft, marijuana possession and minor traffic offenses. In State Court, Tricia defends both adults and juveniles in misdemeanor and felony matters involving: drugs and alcohol, property crimes, physical and sexual assaults and murder, including death penalty cases. Tricia’s Federal work includes such crimes as bank robbery, narcotics distribution, tax fraud, bank fraud, antitrust violations, aggravated identity theft, and illegal re-entry by a deported alien. Tricia has been recognized by her peers as one of the top young attorneys in Kansas and Missouri, having been named a Rising Star by Superlawyers magazine for two years running (www.superlawyers.com).	Experience: 1997–1999 Wyandotte County District Attorney's Office 1999-present Bath & Edmonds Member: Johnson County Bar Association (Board of Directors 2004-05) Johnson County Bar National Legal Aid and Defender Association National Association of Criminal Defense Lawyers Wyandotte County Bar Association Kansas Bar Association (secretary/treasurer, 2004-05) (president Criminal Law Section, 2005-present) Johnson County Bar Foundation Education: University of Kansas (J.D., 1996; B.A., 1993) Admissions: Kansas Missouri United States District Courts—Kansas, Western District of Missouri 10th Circuit Court of Appeals 8th Circuit Court of Appeals

Robin D. Fowler Robin Fowler graduated from the University of Kansas Law School in 1983, and served as an Assistant District Attorney in Douglas County, Kansas, after having interned in that office while in law school. In Douglas County Robin prosecuted a wide variety of misdemeanor and felony cases, and had numerous jury trials on charges ranging from traffic offenses to rape and kidnapping. From there Robin moved to the Kansas Attorney General’s Office, serving as an Assistant Attorney General assigned to the Kansas Bureau of Investigation. His duties included crimes on a state-wide level, while also serving as the legal advisor for the KBI. In 1985 Robin became an Assistant United States Attorney for the District of Kansas, serving in many capacities until 2002, except for a two year leave of absence in the United States Army. Robin handled virtually every type of federal criminal offense, including drug and firearm offenses, armed robbery and other violent federal crimes, and many types of white collar crime. From 1999-2002 Robin served as chief of the Kansas City, Kansas branch office, supervising attorneys and support personnel in that office. Since leaving the United States Attorney’s Office in 2002 to join Bath & Edmonds, Robin has been primarily involved in defending persons charged, or being investigated, for a wide range of federal offenses. Robin has represented such persons in numerous white-collar fraud investigations; as well as tax, firearm and drug-related cases. Robin has represented individuals charged in federal courts in Kansas, Minnesota, and both the Eastern and Western Districts of Missouri. Robin has been recognized for his white-collar defense work by his selection in the well-known and respected publication Best Lawyers in America.	Experience: 1983-1984 Assistant District Attorney, Douglas County, Kansas 1984-1985 Assistant Attorney General for the State of Kansas 1985-1990 Assistant United States Attorney for the District of Kansas 1990-1993 United States Army 1993-2002 Assistant United States Attorney for the District of Kansas 2002–present Bath & Edmonds Other: 2002 Kansas City Business Journal "Best of the Bar" (votes submitted by KC Metro attorneys) Member: Johnson County Bar Association Kansas Bar Association National Association of Criminal Defense Lawyers Kansas Association of Criminal Defense Lawyers (Board member 2004-present) Education: George Washington University (B.A., 1980) University of Kansas (J.D., 1983)
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State cases in which Bath & Edmonds attorneys were trial counsel
(and in many cases appellate counsel)

State v Agron No. 95,697 Kansas Court of Appeals (January 12, 2007)
State v. Landa No. 100,116 Kansas Court of Appeals (July 31, 2009)
State v. Uhlig No. 96,663 Kansas Court of Appeals (November 2, 2007)
City of Lenexa v. Oligschlaeger, No. 92,146, Kansas Court of Appeals (2006)
State v. Murray 285 Kan. 503 (2008)
State v. Windes, 13 Kan. App. 2d 577 (1989)
(1st impression holding re 4th Amendment not applicable to private searches)
State v. Budgetts, 810 P.2d 1172 (1991)
State v. El Ayadi, 16 Kan. App. 2d 596 (1991)
(defining newly discovered evidence regarding motion for new trial)
State v. Finley, 17 Kan. App. 2d 246 (1992)
(defining reasonable suspicion for automobile stop)
State v. McKessor, 246 Kan. 1 (1990)
(1st impression holding re public safety exception to 5th Amendment)
State v. Heide, 249 Kan 723 (1991)
(1st impression holding re allocution at sentencing)
State v. Clemons, 251 Kan. 473 (1992)
(defining circumstantial evidence in 1st degree murder case)
State v. Blackburn, 251 Kan. 787 (1992)
(defining admissibility of accused character evidence)
State v. Johnson-Howell, 225 Kan. 928 (1994)
(defining circumstantial evidence in first degree murder case; admissibility of co-conspirator statement)
In re: Care and Treatment of Ingram, 266 Kan. 46 (1998)
(affirming dismissal of Sexual Predator action)
State v. Rousseau, 34 S.W. 3d 254 (2000)
(Missouri Court of Appeals affirmed trial court's dismissal of charges)
State v. Galloway, 235 Kan. 70 (1984)
(1st impression regarding use of composite image in Kansas)
State v. Latimer, 9 Kan.App. 2d 728 (1984)
(interpretation of a using a false name to obstruct law enforcement)
State v. Dotson, 256 Kan. 406 (1994)
(defining admissibility of prior acts evidence regarding child abuse charges)
State v. Messer, (unpublished) No. 65,032 (July 12, 1991)
(discussion of circumstantial evidence and robbery and aggravated kidnapping charges)
State v. Baptiste, (unpublished) No. 65,880 (August 23, 1991)
State v. Marino, (unpublished) No. 64,767 (April 26, 1991)
(discussion of evidence regarding search and seizure and molotov cocktail evidence in narcotics distribution charge)
State v. Murphy, (unpublished) No. 65,357 (April 20, 1991)
State v. Pattison, (unpublished) No. 65,037 (April 19, 1991)
State v. Sorvisto, (unpublished) No. 65,158 (January 18, 1991)
(discussion of when person is in custody which require Miranda)
State v. Pitts, (unpublished) No. 64,674 (December 14, 1990)
State v. Winters, (unpublished) No. 64,072 (October 26, 1990)
State v. Williams, (unpublished) No. 63,945 (October 5, 1990)
(discussion of evidence regarding second degree murder charge)
State v. Anderson, (unpublished) No. 64,173 (August 31, 1990)
State v. Griggs, (unpublished) No. 63,989 (July 13, 1990)
(discussion of rape charge involving victim incapable of giving consent due to mental deficiency)
State v. Thomas, (unpublished) No. 64,043 (March 23, 1990)
State v. Abell, (unpublished) No. 62,730 (October 20, 1989)
State v. Comstock, (unpublished) No. 62,864 (September 8, 1989)
State v. Taylor, (unpublished) No. 62,107 (May 19, 1989)
In re D. H., (unpublished) No. 62,504 (May 12, 1989)
(discussion of sufficiency of evidence for termination of parental rights; Court of Appeals decision later reversed by the Supreme Court of Kansas)
State v. Razminas, (unpublished) No. 62,349 (April 21, 1989)
State v. Heard, (unpublished) No. 62,004 (December 16, 1988)
State v. Ford, (unpublished) No. 61,450 (September 30, 1988)

State cases in which Bath & Edmonds attorneys were appellate counsel

State v. Zimmerman, 251 Kan. 54 (1992)
State v. McKessor, (unpublished) No. 62,067 (January 19, 1990)
State v. Lawrence, (unpublished) No. 67,018 (June 5, 1992)
State v. Dewitt, (unpublished) No. 66,349 (March 20, 1992)
(discusses standard of evidence regarding child abuse charges)
State v. Kirkwood, (unpublished) No. 66,419 (March 13, 1992)
State v. Mank, (unpublished) No. 66,136 (September 13, 1991)
State v. Howard, (unpublished) No. 64,859 (November 21, 1990)
Lile v. State, (unpublished) No. 64,134 (July 27, 1990)
State v. Dodd, (unpublished) No. 64,021 (March 23, 1990)
State v. Jackman, (unpublished) No. 62,380 (March 24, 1989)

Federal cases in which Bath & Edmonds’ attorneys were trial counsel
(and in most instances appellate counsel)

U.S.v. Perez Jacome (10th Cir.pending)
(contested issue: warrantless search)
U.S. v. Alexander, (8th Cir. Court 2009)
U.S. v. Welch, 07-3062 (10th Cir. 2008)
(unpublished)
U.S. v. Ivory, 532 F.3d 1095 (10th Cir. 2008)
(contested issues: weight of narcotics; challenge to sentencing enhancements; prosecutorial misconduct)
U.S. v. Frencher, 503 F.3d 701 (8th Cir. 2008)
(contested issue on appeal: Fourth Amendment search/seizure of 3rd party in another’s residence)
U.S. v. Klima, 07-3073 (10th Cir. 2007)
U.S. v. Leon, 06-3195,(10th Cir 2007)
U.S. v. Cacioppo, 460 F.3d 1012 (8th Cir. 2006)
(conviction reversed based on trial errors and sufficiency of proof)
U.S. v. Caballero, 420 F3d. 819 (8th Cir. 2005)
U.S. v. Williams, 109 F. 3d 502 (8th Cir. 1997)
(federal sentencing guidelines issues: weight calculation and sentencing entrapment)
U.S. v. Riley, 78 F. 3d 367 (8th Cir. 1996)
(reversal of pre-conviction seizure of assets in RICO case)
U.S. v. Owen, 15 F. 3d 1528 (10th Cir. 1994)
U.S. v. Storey, 956 F. Supp. 934 (D. Kan. 1997)
(various pretrial issues regarding federal death penalty case)
U.S. v. Jackson, 863 F. Supp. 1462 (D. Kan. 1994)
U.S. v. Ball, Case No. 99-20029 (D. Kan. 1999)
(Rule 17 Subpoenas)
U.S. v. Daniels, 174 F. Supp. 2d 1205 (D. Kan. 2001)
(various pretrial issues regarding physician charged with multiple counts of health care fraud)
U.S. v. Smith, 264 F. 3d 1012 (10th Cir. 2001)
(interpretation of attempt to manufacture methamphetamine under federal sentencing guidelines)
U.S. v. McGuire, 200 F. 3d 668 (10th Cir. 1999)
(discussing elements of the offense of carjacking and the scope of permissible cross-examination)
U.S. v. McCloud, 127 F. 3d 1284 (10th Cir. 1997)
(interpretation of “knock and announce” rule during the execution of a search warrant, and quantity of “crack cocaine” to be used for sentencing)
U.S. v. Scroger, 98 F. 3d 1256 (10th Cir. 1996)
(discussion of exigent circumstances in seizure of methamphetamine laboratory)
U.S. v. Taylor, 97 F. 3d 1360 (10th Cir. 1996)
(interpretation of relevant conduct for methamphetamine labs under the sentencing guidelines)
U.S. v. Kimball, 73 F. 3d 269 (10th Cir. 1995)
(discussion of FRE 404(b) and res gestae in bank robbery case)
U.S. v. Hill, 60 F. 3d 672 (10th Cir. 1995)
(interpretation of FRE 404(b) and prior arrests in narcotics distribution case)
U.S. v. Turner, 44 F. 3d 900 (10th Cir. 1995)
(case of 1st impression on use of “necessity” as a defense in abortion rights case)
U.S. v. Hand, 913 F. 2d 854 (10th Cir. 1990)
(interpretation of plea agreement’s affect on cross-examination at sentencing)
U.S. v. Mora, 845 F. 2d 233 (10th Cir. 1988)
(discussion of chain of custody, prior bad acts and sufficiency of the evidence in narcotics conspiracy prosecution)
U.S. v. Mayfield, 810 F. 2d 943 (10th Cir. 1987)
(interpretation of prior conviction under federal felon in possession of firearms charges)
U.S. v. Coon, 187 F. 3d 888 (1999)
(discussion of evidence sufficient for RICO, travel act and conspiracy violations)

Federal cases in which Bath & Edmonds attorneys were appellate counsel

U.S. v. Osborn, Case No. 01-3094 (Lexis 4180) (10th Cir. 2002)
U.S. v. Williams, 50 F.3d 863 (10th Cir. 1995)
(determination of relevant conduct for interstate theft from a retail establishment)
U.S. v. Smith, 810 F.2d 996 (10th Cir. 1987)
(examination of whether a search by a private party constitutes an unconstitutional seizure when item is turned over to law enforcement)
U.S. v. Rome, 809 F.2d 665 (10th Cir. 1987)
(discussion of legality of telephonic search warrant in narcotics prosecution)

Federal, State and Municipal Criminal Law

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Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

In The News...

December 2009

October 2009

Trial Update

Tom Bath

Robb Edmonds

Tricia Tenpenny

Robin D. Fowler

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Practice Areas: Federal, State, and Municipal Criminal Law

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

December 2009

October 2009

Trial Update

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Federal, State and Municipal Criminal Law

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

In The News...

December 2009

October 2009

Trial Update

Tom Bath

Robb Edmonds

Tricia Tenpenny

Robin D. Fowler

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Practice Areas: Federal, State, and Municipal Criminal Law

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

December 2009

October 2009

Trial Update

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases Practice Areas | News & Events | Contact Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.

Home| Attorney Profiles | Appellate Cases
Practice Areas | News & Events | Contact

Copyright © 2009 Bath & Edmonds, P.A. All rights reserved.