Legal Opinion

State v. Herbel

Supreme Court of Kansas

Decided April 5, 2013No. 103,558PublishedCited by 111 opinions

1Opinion of the Court

*1103The opinion of the court was delivered by

Nuss, C.J.:

Randy Herbel appeals his Jessica’s Law convictions for rape and aggravated indecent liberties with a child. His issues on appeal, and our accompanying holdings, are as follows:

1. Did the district court violate his constitutional and statutory rights when it replayed his recorded statement to a deliberating jury outside of his presence but in the courtroom? Yes, but harmless error.

2. Did the court err when it allowed the child victim to testify with a comfort person alongside her? Not preserved.

3. Was the court’s jury instruction on…

2Cases cited47 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Illinois v. AllenSupreme Court of the United States · 1970
  3. Victor v. NebraskaSupreme Court of the United States · 1994
  4. State v. WardSupreme Court of Kansas · 2011
  5. State v. KingSupreme Court of Kansas · 2009

42 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. State v. PhillipsSupreme Court of Kansas · 2014
  2. State v. InghamSupreme Court of Kansas · 2018
  3. State v. ButlerSupreme Court of Kansas · 2018
  4. State v. CarrSupreme Court of Kansas · 2014
  5. State v. BridgesSupreme Court of Kansas · 2013

106 more not listed; retrieve them via the Exa API.

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