Case Detail
CitationState v. Herrera, 41 Kan. App. 2d 215 (Kan. Ct. App. 2009)
CrimeSex crimes
StateKS
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionDefendant was convicted in the District Court of Sedgwick County, Kansas after a jury trial, of aggravated indecent liberties with a child, sexual battery, and aggravated criminal sodomy, and sentenced to 322 months in prison. The Kansas Court of Appeals held that there was insufficient evidence for a conviction; the state's closing argument constituted prosecutorial misconduct by referring to multiple uncharged sexual acts; the prosecutor's repeated misconduct showed element of prejudice of ill will of prosecutor; and prosecutor's misconduct was not harmless error. "Throughout her closing arguments, the prosecutor recognized that the State's entire case rested on credibility, and she repeatedly made improper arguments which could influence the jury's credibility determination. The prosecutor's repeated misconduct, which included the improper comments concerning the uncharged crimes against [the minors] and the improper bolstering of ]one of the minor's] credibility, showed ill will by the prosecutor."
Determination Year2009
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.kscourts.org/cases-and-opinions/opinions/ctapp/2009/20090227/97381.htm