State v. Pabst

The opinion of the court was delivered by

Six, J.:

This is the rare case in which the prosecutor’s improper remarks during closing argument were so prejudicial that a new trial is required. Defendant Tod Alan Pabst appeals his jury conviction for first-degree murder, K.S.A. 21-3401. The conviction arises out of the shooting death of Pabst’s fiancee, Phoebe Harkins. The district court sentenced Pabst to 25 years to life in prison.

Our jurisdiction is under K.S.A. 22-3601(b)(1) (a fife sentence was imposed).

The controlling question is whether Pabst was denied a fair trial by prosecutorial…