State v. Lavery

Brazil, J.:

Donald M. Lavery appeals the jury’s guilty verdict on the charge of aggravated criminal sodomy pursuant to K.S.A. 21-3506. Lavery contends the district court erred in denying his motion for an order compelling a psychiatric examination of the complaining witness and his motion to admit evidence of previous sexual conduct of the complaining witness and by admitting purported evidence of prior sexual conduct between the complaining witness and Lavery. We reverse and remand for new trial.

K.R., a nine-year-old girl at the time, lived in the same neighborhood as Lavery. Prior to the…