State v. Valdez

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,053 STATE OF KANSAS, Appellee, v. JOSEPH MIGUEL VALDEZ, Appellant. SYLLABUS BY THE COURT 1. Under our four-part framework for analyzing jury instruction claims, a defendant's failure to object at trial does not prevent appellate review—it simply requires a higher degree of prejudice to be shown for reversal. 2. A rebuttable presumption has a different legal effect than a permissive inference. 3. In general, an appellate court will not address an issue raised for the first time on appeal, although there are limited exceptions. An appellate…