State v. McGinnes

The opinion of the court was delivered by

Davis, J.:

The defendant was convicted of aggravated indecent liberties with a child. His constitutional right to be present at every critical stage of the proceeding was violated by the trial judge’s ex parte communication with the jury during its deliberation. The Court of Appeals concluded the error was harmless beyond a reasonable doubt and affirmed. 24 Kan. App. 2d 921, 955 P.2d 1325 (1998). We granted the defendant’s petition for review and now reverse and remand for further proceedings.

In early July 1994, A.C., 8 years old, and her brother, C.C.,…