Kansas Criminal Case Law Update
The Supreme Court of Kansas issued a new unpubished opinion that deals with the question of whether asking a defendant about remaining silent during cross examination is a "Doyle" violation or an evidentiary question, and whether the questions rise to the level of prosecutorial misconduct.
95088 -- State v. King -- Davis -- Kansas Supreme Court: "The alleged Doyle violation in this case occurred during the prosecutor's cross-examination of King--an exchange that falls squarely within the period when the prosecution and defense offer evidence at trial. See K.S.A. 22-3414 (order of trial). Contrary to King's characterization of his claim on appeal, he has presented an evidentiary question that may only be reviewed upon compliance with the contemporaneous-objection rule. K.S.A. 60-404.
There was no objection to the prosecutor's allegedly improper questions at trial. We conclude that the Court of Appeals therefore correctly determined the issue was not preserved for appellate review."
The Court rejected both of defendant's arguments, sustaining the conviction and sentence for sodomy.
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