Tag: evidence
Posted on August 22, 2022
An Insufficient Proffer: Polygraph Evidence Excluded to the Defendant’s Detriment
Ryan Kielczewski, Staff Editor
District court did not err by excluding evidence of a polygraph examination because Defendant failed to proffer evidence that the examination was coercive.
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. …
Posted on January 8, 2019
Prosecutorial Error May Occur During Sentencing Proceedings
State v. Wilson, No. 114,567 (Kan. Dec. 14, 2018) Issue: Under the 14th Amendment, a criminal defendant has a due process right to a fair trial. Can a prosecutor’s error, made outside the jury trial context, violate this due process right? Answer: Yes, prosecutorial …
Updated on November 19, 2018
Marital Discord Isn’t Always a § 60-455 “Crime or Civil Wrong”
State v. Campbell, No. 116,430 (Kan. Aug. 17, 2018). Issue: The Kansas Rules of Evidence prohibit using evidence of past “crimes or civil wrongs” as character evidence (with limited exceptions). For purposes of evidence, is marital discord a past …
