State v. Wimbley

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 122,812 STATE OF KANSAS, Appellee, v. JAMION D. WIMBLEY, Appellant. SYLLABUS BY THE COURT When deciding whether error occurred because a district court judge denied a request to modify a pattern instruction, an appellate court does not view the requested language in isolation. Rather, the appellate court considers the jury instructions as a whole and decides whether, even without language requested by a party, the instructions properly and fairly stated the applicable law or whether it is reasonable to conclude the instructions could have misled…