State v. Fraire

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,378 STATE OF KANSAS, Appellee, v. JULIO ROMERO FRAIRE, Appellant. SYLLABUS BY THE COURT 1. When evaluating a motion for mistrial under K.S.A. 22-3423(1)(c), the trial court decides whether the prejudicial conduct created a fundamental failure in the proceeding. If it did, the district court next decides whether the prejudicial conduct made it impossible to continue the proceeding without denying the parties a fair trial. Under the second step, the court considers whether the conduct caused prejudice that could not be cured or mitigated…