State v. Rollins

The opinion of the court was delivered by

Lockett, J.:

Defendant was convicted of one count of perjury. The judge had instructed the jury that defendant’s statements were material. On appeal, defendant claimed numerous errors by the trial court. The Court of Appeals reversed defendant’s conviction, holding that under United States v. Gaudin, 515 U.S. 506, 132 L. Ed. 2d 444, 115 S. Ct. 2310 (1995), the jury, rather than the trial court, must decide whether defendant’s statements were material. The State petitioned for review, arguing that under Kansas’ perjury statute, materiality is a question…