State v. Harris

I disagree with the holding of the majority that we have jurisdiction to consider this appeal.

It is a well-settled rule that when an issue is neither briefed nor argued on appeal, that issue is deemed to have been abandoned. State v. Pratt, 255 Kan. 767, Syl. ¶ 4, 876 P.2d 1390 (1994); State v. Mims, 222 Kan. 335, Syl. ¶ 6,564 P.2d 531 (1977). It has further been our rule that when a defendant in a criminal case asserts a claim of error and withdraws the same from the court’s consideration, the claim of error is deemed abandoned and cannot be reasserted as the basis for a second appeal. State…