· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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