State v. Hart
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After a jury trial, Defendant was convicted of two counts of indecent liberties with a child. Defendant appealed, arguing, among other things, that the district judge erred in admitting prior bad acts evidence under the 2008 version of Kan. Stat. Ann. 60-455. The court of appeals concluded that Defendant's section 60-455 challenge was not preserved for appeal but proceeded to address it in dicta, concluding that a 2009 amendment to the statute would have vitiated Defendant's challenge. The Supreme Court affirmed, holding (1) the prosecutor engaged in a single instance of misconduct, but the error was harmless; (2) the district judge gave an overbroad elements instruction to the jury, but the error in the instruction did not qualify as clearly erroneous or require reversal; (3) the limiting instruction given on the section 60-455 evidence was not clearly erroneous; and (4) the evidence was sufficient to support Defendant's convictions.
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