The following case summaries are provided by Stacey L. Schlimmer. For complete case opinions visit kscourts.org. All cases are individual and in no way do these cases reflect every case.
STATE OF KANSAS V. ERIC OCHS, No. 104710 (8/16/13)(Kan.)(published)
The Court held that the prosecutor’s comments that the state’s most important witness, the victim, was telling the truth were error. Further, the Court reemphasized that “The open-the door rule does not insulate a prosecutor from a finding of misconduct.” State. v. Marshall, 294 Kan. 850 (2012). The Court held that although the comments by the prosecutor “were perilously close to gross and flagrant and demonstrative of ill will,” the comments did not affect the outcome of the trial in light of the evidence.