State v. BarberAnnotate this Case
After a jury trial, Defendant was convicted of aggravated battery and child abuse for shaking or roughly handling his two-month-old daughter. The court of appeals affirmed Defendant’s convictions and sentences. The Supreme Court affirmed, holding (1) any error in the trial court’s admission under Kan. Stat. Ann. 60-455 of prior instances where Defendant had shaken his daughter was not reversible; (2) the trial court did not commit clear error in giving a jury instruction that limited the jury’s consideration of evidence admitted under section 60-455; (3) the prosecutor committed misconduct during her closing arguments but the error did not affect the verdict; (4) Defendant failed to preserve his claim that the trial court improperly accepted the jury’s verdict under Kan. Stat. Ann. 22-3421; (5) the two instances of prosecutorial misconduct did not substantially prejudice Defendant; and (6) Defendant’s criminal history score did not need to be proven to a jury in order for it to affect his sentence.