¶1concurring: The majority notes the trial court relied on res gestae in admitting certain testimony of Gale Pink. I agree with the majority’s rejection of res gestae as a rationale for admission and with the K.S.A. 60-460(d)(2) analysis for admission. I write separately in a continuing effort to encourage the bar and bench to analyze this type of evidence under K.S.A. 60-460, the approach intended by the legislature’s codification of our evidentiary rules. Res gestae, as an independent evidentiary concept, deserves a proper burial. See State v. Edwards, 264 Kan. 177, 203, 955 P.2d 1276 (1998) (Six, J., concurring). I disagree with the majority’s observation that this is not the time to rehash the application of res gestae. We should administer last rites with this opinion.
272 Kan. 1204
38 P.3d 661
State v. Bryant
Decided January 25, 2002
Supreme Court of Kansas · decided 2002-01-25
Relies on State v. Edwards
Good law ✅— No negative treatment on recordhow we know
Decided 2002-01-25
How this case has been cited
Cited by 69 later decisions — most recently January 2024 · most notably State v. McCaslin (2011), State v. Reid (2008)
67 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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