Tag: Cumulative Error

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Posted on May 13, 2024

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. …

Continue reading “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)”

Category: Kansas Criminal Procedure Survey, Statutory Interpretation, Trials Tags: , , ,

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Updated on February 7, 2023

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).

Category: Kansas Criminal Procedure Survey, Statutory Interpretation Tags: , , , , , , , ,

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Updated on October 15, 2021

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.  …

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Category: Kansas Criminal Procedure Survey Tags: , , , , ,

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