State v. Bailey

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,613 STATE OF KANSAS, Appellee, v. BRIAN BAILEY, Appellant. SYLLABUS BY THE COURT 1. An appellate court has discretion to consider application of the doctrine of res judicata for the first time on appeal if it involves only a question of law arising on proved or admitted facts and is finally determinative of the case. 2. Here, under the issue preclusion doctrines, the criminal defendant may not relitigate prior judicial determinations that the State does not possess biological material related to the investigation or prosecution that led to…