State v. Contreras

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,584 STATE OF KANSAS, Appellee, v. JOSE ARMANDO CONTRERAS, Appellant. SYLLABUS BY THE COURT 1. A party seeking to admit evidence over a claimed Fifth Amendment privilege has the burden to provide the district court with substantial competent evidence that there is in fact no privilege to assert. 2. When reviewing a district court's decision to exclude testimony due to a claimed Fifth Amendment privilege, appellate courts are limited to determining whether the lower court's factual findings were supported by substantial competent evidence and…