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· 4/17/1998

State v. Higgenbotham

Citations

  • 957 P.2d 416
  • 264 Kan. 593
  • 1998 Kan. LEXIS 89

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • inferring tire absence of any mitigating circumstances when the district court failed to make any findings on the record regarding mitigating circumstances
  • although court mentions challenge to sufficiency of evidence on talcing and confinement, it discusses only challenge to sufficiency of evidence on force, threat, or deception
  • although court mentions challenge to sufficiency of evidence on taking and confinement, it discusses only challenge to sufficiency of evidence on force, threat, or deception
  • Section 10 of the Kansas Constitution Bill of Rights also protects the accused's exercise of their privilege not to testify
  • test is whether rational factfinder could have found each means beyond a reasonable doubt
  • prosecutor's repeated references to defendant as a man with many secrets were not a comment on defendant's decision not to testify but were permissible references to evidence regarding defendant's secretive conduct

Source: CourtListener parenthetical corpus (CC0).

Judges: Six

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.