State v. Weis

I respectfully dissent from that part of the *720majority opinion which holds that the trial court properly admitted evidence of an uncharged slapping incident between Steven Weis and his girlfriend, Alicia Napoleone, under K.S.A. 60-455. Moreover, I dissent from that part of the majority opinion which holds that the trial court’s self-defense instruction, which omitted the no-duty-to-retreat language from this instruction, did not deny Steven a fair trial.

Admitting Evidence Under K. S.A. 60-455

In instructing the jurors on how they could consider the evidence of the uncharged slapping incident,…