State v. HuffmierAnnotate this Case
Defendant was convicted of driving under the influence of alcohol (DUI). Defendant appealed, contending (1) the trial court erred in admitting certain evidence she claimed portrayed her as a bad mother and of low moral character; (2) the prosecutor engaged in misconduct by commenting in closing statements regarding the aforementioned evidence; and (3) the prosecution violated Kan. Stat. Ann. 60-447(a) which prohibits proof of a character trait by specific conduct. The court of appeals affirmed. The Supreme Court affirmed, holding (1) several of Defendant's arguments failed because Defendant failed to make specific and timely objections to the testimony she challenged on appeal; (2) the court of appeals did not err in its determination that the trial court's erroneous admission of testimony regarding Defendant's child visitation arrangements was harmless and the prosecutor's unanswered question regarding whether the children were in "good shape" when they were returned to their father was harmless; and (3) the court of appeals correctly held that Defendant failed to preserve her last argument regarding the alleged violation of section 60-447 for appeal.