The following case summaries are provided by Stacey L. Schlimmer. For complete case opinions visit kansascourts.org. All cases are individual and in no way do these cases reflect every case.
EXPERT WITNESS TESTIMONY
The Court held that the trial court did not err when it refused to admit the defendant’s expert witness testimony regarding his depression and insurance proceeds he received after his house blew up and killed his girlfriend. The Court looked to the two-prong test in State v. Shadden, 290 Kan. 803, 235 P.3d 436 (2010).
First Prong: Whether the material or evidence in question will be inadmissible at trial.
Second Prong: Whether the pretrial ruling is justified as opposed to ruling during trial because the mere offer or mention of the evidence during trial may cause unfair prejudice, confuse the issues, or mislead the jury; the consideration of the issue during trial might unduly interrupt and delay the trial and inconvenience the jury; or a ruling in advance of trial may limit issues and save the parties time, effort, and cost in trial preparation.
The Court held that the trial court did not err when it denied the suppression of the defendant’s statements. The Court held that the statements were made as a result of an investigatory investigation as opposed to a custodial interrogation. Further, the Court held that, although the investigating officer had not read the defendant his Miranda warning, another officer had previously done so, and there was no need to re-Mirandize the defendant because only minutes had elapsed since the defendant was read his Miranda warning.