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February 6, 2015, Digests

Posted By Administration, Monday, February 9, 2015
Updated: Thursday, February 13, 2020

Kansas Court of Appeals


NO. 110,673 – FEBRUARY 6, 2015

FACTS: Crabb appeals his conviction of one count of interference with law enforcement for running from a police officer while Crabb was outside of the area of his parole without permission. Crabb claims the district court committed reversible error by using what is commonly known as the "hot-box" method of jury selection over Crabb's objection instead of using the statutory method of jury selection set forth in K.S.A. 22-3411a. He also argues that the district court erred in instructing the jury and that he was denied a fair trial based on prosecutorial misconduct and cumulative error.

ISSUES: (1) Jury selection; (2) jury instructions; (3) prosecutorial misconduct; and (4) cumulative error

HELD: Court reversed Crabb's conviction based on the hot-box jury selection issue. Court held the hot-box method as opposed the method outlined in K.S.A. 22-3411a is erroneous because it requires counsel to exercise their peremptory challenges piecemeal rather than in comparison to the entire panel and after the parties have exercised all peremptory challenges and the final juror is seated in the jury box, that final juror may only be removed for cause. Court also stated the State failed to persuade the court that the error was harmless or make an affirmative showing that the jury selection error did not affect Crabb's substantive rights. Court did not address Crabb's other issues.

STATUTES: K.S.A. 22-3411a, -3412; and K.S.A. 60-261

Tags:  2015  cumulative error  juries  jury instructions  jury selection  prosecutorial misconduct  Shawnee District Court 

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