Tag: Cumulative Error

Correcting Clear Error: Kansas Supreme Court Says That Unpreserved Jury-Instruction Issues Can No Longer Dodge the Plain Text of K.S.A. § 22-3414(3)

State v. Waldschmidt, No. 123,631 (Kan. Apr. 12, 2024). Author: Naomi Franklin, Staff Editor Issue: Can an unpreserved jury-instruction issue that is not clearly erroneous dodge Kan. Stat. Ann. § 22-3414(3) and become part of cumulative-error analysis? Answer: No. …

You’re either in or you’re out! K.S.A. § 60-455(g) is an Exhaustive List and Limits Propensity Evidence

Hailey Reed, Staff Editor
The Kansas Court of Appeals held K.S.A. § 60-455(g)’s definition of “act or offense of sexual misconduct” is exhaustive.  Therefore evidence of prior acts or offenses of sexual misconduct must meet this definition to be admissible under subsection (d).

Cumulative Error Analysis: Why Courts Need to Consider the Benefit Received by Opposing Party when Prejudicial Information is Presented

Stephany Rohleder, Staff Editor State v. Taylor, No. 118,792, (Kan. Oct. 8, 2021). https://www.kscourts.org/KSCourts/media/KsCourts/Opinions/118792_1.pdf?ext=.pdf Issue:  The Kansas Court of Appeals found five errors when Taylor appealed his criminal conviction.  Four errors were not reversible either collectively or individually.  …