State v. BrosseitAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming Defendant’s conviction for driving under the influence (DUI), holding that the lower courts did not err when they concluded that Kan. Stat. Ann. 22-3201(g) permitted the State to endorse a witness on the day of trial.
On appeal from the decision of the court of appeals panel, Defendant argued that the panel erred when it affirmed the district court’s decision to allow the late endorsement of the witness at issue because Kan. Stat. Ann. 22-3201(g) prohibits such a late endorsement. The Supreme Court affirmed, holding (1) under the line of cases interpreting section 22-3201(g) and its predecessors, Defendant was required to object to the late endorsement of the witness and request a continuance to show reversible error on appeal; and (2) because Defendant did not request a continuance, the court of appeals correctly ruled in favor of the State.