State v. Elnicki

The opinion of the court was delivered by

Nuss, J.:

A jury convicted Justin Elnicki of one count each of rape and aggravated criminal sodomy. The Court of Appeals affirmed in State v. Elnicki, 32 Kan. App. 2d 266, 80 P.3d 1190 (2003). This court granted Elnicki’s petition for review under K.S.A. 20-3018(b).

Elnicki’s six issues on appeal, and our accompanying holdings, are as follows;

1. Did the trial court err in allowing the jury to hear a detective’s opinions about Elnicki’s lack of credibility? Yes.

2. Did the prosecutor commit misconduct with her comments in closing argument? Yes.

3. Did…