State v. Brammer
Annotate this CaseDefendant was convicted of involuntary manslaughter while driving under the influence of alcohol (DUI). Defendant appealed, arguing (1) the jury was instructed on alternative means without sufficient evidence as to each means; and (2) the trial court erred in giving three jury instructions that differed from those Defendant proposed before trial. The Court of Appeals affirmed the conviction without reaching the merits of Defendant’s alternative means argument, determining that it was not error to omit the jury instructions Defendant opposed. In so holding, the court held that Kan. Stat. Ann. 22-3414(3) requires a trial objection and applied clear error review to Defendant’s jury instruction challenges. The Supreme Court affirmed, holding (1) Defendant’s alternative means argument was without merit; (2) section 22-3414(3) requires a party to object on the record to a jury instruction, and a defendant’s failure to comply with the statute invokes clear error review in a subsequent challenge on appeal to that instruction; and (3) Defendant’s arguments relating to the three jury instructions failed.
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