State v. Kelly

The opinion of the court was delivered by

Luckert, J.:

Recently, in State v. Bogguess, 293 Kan. 743, 268 P.3d 481 (2012), this court held that the lack of an objection during a bench trial that consisted solely of stipulated facts did not preclude appellate review of the pretrial denial of a defendant’s motion to suppress. We explained that “when the bench trial is conducted by the same judge who presided over the hearing on the motion to suppress, there is no reason to rehash the same arguments when no additional evidence has been presented.” Bogguess, 293 Kan. at 747.

This case raises the…