Case Detail
CitationState v. Magallanez, 235 P.3d 460 (Kan. 2010)
CrimeSex crimes
StateKS
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodySupreme court
OpinionDefendant was convicted in a jury trial in the District Court of Lyon County, Kansas of three separate charges of child sexual abuse, which were tried together. The Kansas Supreme Court held that: the State committed prosecutorial misconduct in its closing argument by vouching for State's witness and incorrectly defining and impermissibly diluting its burden of proof; rape shield statute did not bar admission of redacted portion of letter from victim to defendant in which victim admitted to having lied to defendant about her sexual history; the inclusion of the phrase “another trial would be a burden on both sides” in a jury instruction given before jury deliberations began was error; and the trial errors necessitated reversal of conviction by operation of cumulative error doctrine. "[P]rosecutors embellish on the definition of the burden of proof in criminal cases at their peril."
Determination Year2010
Misconduct TypeTR: Misstating
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://www.courtlistener.com/kan/eu6j/state-v-magallanez/