State v. Kelly

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,143 STATE OF KANSAS, Appellee, v. TYLER EUGENE KELLY, Appellant. SYLLABUS BY THE COURT 1. A party does not need to challenge the evidence's sufficiency at trial to preserve the challenge for appellate review. Appellate courts review sufficiency challenges by viewing all the evidence in the light most favorable to the State to determine whether a rational juror could have found the defendant guilty beyond a reasonable doubt. 2. When faced with a claim of instructional error, an appellate court first considers the reviewability of the issue…