KANSAS OFFICE of
  REVISOR of STATUTES

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21-3423.

History: L. 1969, ch. 180, § 21-3423; L. 1992, ch. 239, § 62; L. 1993, ch. 291, § 37; Repealed, L. 2010, ch. 136, § 307; July 1, 2011.

Source or Prior Law:

21-451, 21-2005.

CASE ANNOTATIONS

1. Court did not abuse its discretion in refusing to order mistrial; conviction for unlawful possession of firearm affirmed. State v. Turner, 2 Kan. App. 2d 645, 647, 586 P.2d 279.

2. Mistrial declared after 2 1 / 2 days of trial because of ineligible juror; double jeopardy did not attach. State v. Folkerts, 229 Kan. 608, 614, 629 P.2d 173 (1981).

3. Declaration of mistrial with sound discretion of trial court; defendant has burden of showing substantial prejudice. State v. Stallings, 246 Kan. 642, 646, 792 P.2d 1013 (1990).

4. Conviction hereunder affirmed; alleged improper inference of guilt by prosecutor held not improper. State v. McReynolds, 288 Kan. 318, 202 P.3d 658 (2009).

5. Conviction reversed based on violation of order in limine, post-Miranda silence and improper jury instruction. State v. Pruitt, 42 Kan. App. 2d 166, 211 P.3d 166 (2009).


 



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