State v. Magallanez

How courts have described this case

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

• holding that the burden of proof was impermissibly diluted when the prosecutor stated that \the measure of reasonable doubt is 'an individual standard . . . a standard that when you believe he's guilty you've passed beyond'\
• finding error where the district court gave a \shotgun\ limiting instruction for evidence of defendant's prior marijuana sales along with other K.S.A. 60-455 evidence
• reiterating that a “shotgun” limiting instruction that fails to focus specifically on the object of proof is rarely proper and increases the risk of instructional error; finding that it was error to instruct upon an inapplicable K.S.A. 60-455 factor
• finding misconduct, but not gross and flagrant, where prosecutor told the jury “ when you believe he’s guilty you’ve passed beyond’ ” a reasonable doubt
• finding district court 18 erroneously excluded part of letter from victim where victim admitted to the defendant she lied about her sexual history because letter was material and probative regarding victim's capacity to lie, which was germane to defense's theory victim had lied
• improper to tell the juiy that reasonable doubt is “ ‘a standard that when you believe he’s guilty you’ve passed beyond’ ” a reasonable doubt

Source: CourtListener parenthetical corpus (CC0).