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290 Kan. 194

224 P.3d 1159

State v. Wright

Supreme Court of Kansas

Decided February 26, 2010

Supreme Court of Kansas · decided 2010-02-26

Cited by 135 later decisions — most recently January 2025 · most notably State v. Brown (2012), State v. King (2013)

133 state decisions

Relies on State v. King · State v. Hollingsworth

Good law ✅— No negative treatment on recordhow we know

Decided 2010-02-26

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JOHNSON, J.,

¶1concurring: I write separately to be consistent with my separate opinion in State v. Hollingsworth, 289 Kan. 1250, 221 P.3d 1122 (2009), regarding the interpretation of K.S.A. 60-404 as it relates to preserving an appeal of an adverse evidentiary ruling. Nevertheless, I am convinced that any error in the admissibility of the evidence which Wright labels as K.S.A. 60-455 evidence would not have changed the result of the trial and, therefore, I concur in the majority’s result.

¶2In Hollingsworth, I pointed out that the plain language of K.S.A. 60-404 only requires that “there appears of record objection to the evidence timely interposed and so stated as to make clear the specific ground of objection.” Where, as here, the district court has considered and ruled on the admissibility of challenged evidence prior to trial, the court has had an opportunity to conduct the trial without tainted evidence and avoid possible reversal or a new trial, *208i.e., the purpose of the rule which the statute codifies has been accomplished. See State v. King, 288 Kan. 333, 342, 204 P.3d 585 (2009) (stating the purpose of the contemporaneous objection rule). Accordingly, I would find that appellate review of Wright’s challenge to the district court’s pretrial evidentiary ruling is not precluded by K.S.A. 60-404.

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