State v. Slusser
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The Supreme Court affirmed in part and reversed in part Defendant's convictions, holding that the prosecutor committed prosecutorial error during closing argument, and the State failed to carry its burden to prove the error was harmless to those convictions that required the State to prove Defendant's intent to distribute.
The Supreme Court affirmed Defendant's convictions for driving while suspended and aggravated child endangerment but reversed his conviction for possessing methamphetamine with intent to distribute, holding (1) this Court declines to reach the merits of Defendant's instructional challenge and his constitutional challenge to Kan. Stat. Ann. 21-5705(e)(2); and (2) the prosecutor erred by mischaracterizing the permissive inference jury instruction during closing argument, and the State failed to carry its burden to prove this error was harmless.
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